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Water Bill [HL]


Water Bill [HL]
Part 3 — Miscellaneous

    85

 

 71    Service of documents

     (1)    In section 15(4) of the Reservoirs Act 1975 (c. 23) (reserve powers of

enforcement authorities) for “section 233 of the Local Government Act 1972”

there is substituted “section 123 of the Environment Act 1995 as it is applied by

section 22A of this Act”.

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     (2)    After section 22 of that Act there is inserted—

       “22A            Service of notices by the Environment Agency

      Section 123 of the Environment Act 1995 (service of documents) applies

to any document authorised or required by virtue of any provision of

this Act to be served or given by the Environment Agency as if it were

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authorised or required to be served or given by or under that Act.”

 72    Flood plans

     (1)    After section 12 of the Reservoirs Act 1975 there is inserted—

“Flooding

       12A            Flood plans

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           (1)           The Secretary of State may, by written notice served on the undertakers

in relation to a reservoir, direct them to prepare a plan (a “flood plan”)

setting out the action they would take in order to control or mitigate the

effects of flooding likely to result from any escape of water from the

reservoir.

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           (2)           A direction may in particular—

                  (a)                 specify the matters to be included in the flood plan;

                  (b)                 require the flood plan to be prepared in accordance with such

methods of technical or other analysis as may be specified by

the Environment Agency;

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                  (c)                 require the flood plan, or any information about the matters

contained in it, to be given to the Environment Agency at such

time or times as may be directed by that Agency or by the

Secretary of State;

                  (d)                 require a copy of the flood plan to be sent to such persons as

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may be specified in the direction;

                  (e)                 require publication of the flood plan, in such manner as may be

specified in the direction, for the purpose of bringing the

matters contained in the flood plan to the attention of persons

likely to be interested.

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           (3)           Before giving a direction under this section the Secretary of State shall

consult—

                  (a)                 the undertakers concerned;

                  (b)                 the Environment Agency;

                  (c)                 if the reservoir concerned is in England, the county council,

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metropolitan district council or London borough council in

whose area the reservoir is situated;

                  (d)                 if the reservoir concerned is in Wales, the county council or

county borough council in whose area the reservoir is situated;

 

 

Water Bill [HL]
Part 3 — Miscellaneous

    86

 

                  (e)                 such persons appearing to the Secretary of State to represent the

emergency services in the area where the reservoir is situated;

and

                  (f)                 such other persons (if any) as the Secretary of State considers

appropriate.

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           (4)           If—

                  (a)                 the functions of the Secretary of State under the preceding

provisions of this section are transferred to the National

Assembly for Wales so far as exercisable in relation to Wales;

                  (b)                 no direction has been given by the Assembly under subsection

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(1) above in relation to a reservoir in Wales; and

                  (c)                 it appears to the Secretary of State that it is necessary or

expedient in the interests of public safety in England that such

a direction be given,

                         he may give a direction under that subsection in relation to that

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reservoir.

           (5)           This section is subject to section 12B below.”

 73    National security

     (1)    In section 2 of the Reservoirs Act 1975 (c. 23) (registration of reservoirs and

enforcement of Act, etc), after subsection (2) there is inserted—

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           “(2A)              If it appears to the Secretary of State that the inclusion of any

information in the register maintained under subsection (2) above by

the Environment Agency would be contrary to the interests of national

security, he may direct the Agency not to include that information in

the register.”

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     (2)    After section 12A of that Act (which is inserted by section 72 of this Act) there

is inserted—

       “12B            Flood plans and national security

           (1)           If it appears to the Secretary of State that in the interests of national

security any person or class of persons referred to in any one or more

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of paragraphs (a) to (e) of section 12A(3) above should not be consulted

about a proposed direction, he may treat that subsection as not

referring to that person or to that class of person.

           (2)           In relation to any reservoir the Secretary of State may, by written notice

served on the undertakers, require them not to publish, or not to

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publish except as specified in the notice—

                  (a)                 a flood plan prepared by them pursuant to a notice given under

section 12A above;

                  (b)                 any corresponding plan prepared by them other than in

pursuance of such a notice,

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                         and a notice under this subsection may also require the undertakers to

withhold access to any such plan from any person except as specified

in the notice.”

 

 

Water Bill [HL]
Part 3 — Miscellaneous

    87

 

 74    Offences

     (1)    Section 22 of the Reservoirs Act 1975 (c. 23) (criminal liability of undertakers

and their employees) is amended as follows.

     (2)    In subsection (1), the word “or” at the end of paragraph (a) is omitted, and at

the end of paragraph (b) there is inserted “or

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                  “(c)                    the undertakers fail to comply with a direction under section

12A above;”.

     (3)    After subsection (1) there is inserted—

           “(1A)              If the undertakers fail without reasonable excuse to comply with a

notice under section 12B above, they shall be guilty of an offence and

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liable—

                  (a)                 on summary conviction, to a fine not exceeding the statutory

maximum;

                  (b)                 on conviction on indictment, to imprisonment for a term not

exceeding two years, or to a fine, or to both.”

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 75    Crown application

After section 27 of the Reservoirs Act 1975 there is inserted—

“Crown application

       27A            Crown application

           (1)           Subject to the provisions of this section, this Act binds the Crown.

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           (2)           No contravention by the Crown of any provision made by or under this

Act shall make the Crown criminally liable; but the High Court may, on

the application of the Environment Agency, declare unlawful any act or

omission of the Crown which constitutes such a contravention.

           (3)           Notwithstanding anything in subsection (2) above, the provisions of

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this Act shall apply to persons in the public service of the Crown as they

apply to other persons.

           (4)           If the Secretary of State certifies that it appears to him, as respects any

Crown premises and any power of entry exercisable in relation to them

specified in the certificate, that it is requisite or expedient that, in the

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interests of national security, the powers should not be exercisable in

relation to those premises, those powers shall not be exercisable in

relation to those premises.

           (5)           Subject to subsection (4) above, the power conferred by section 17

above shall be exercisable in relation to land in which there is a Crown

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or Duchy interest only with the consent of the appropriate authority.

           (6)           Nothing in this section shall be taken as in any way affecting Her

Majesty in Her private capacity; and this subsection shall be construed

as if section 38(3) of the Crown Proceedings Act 1947 (interpretation of

references to Her Majesty in Her private capacity) were contained in

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this Act.

           (7)           In this section—

 

 

Water Bill [HL]
Part 3 — Miscellaneous

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                                  “the appropriate authority” has the same meaning as it has in Part

13 of the Town and Country Planning Act 1990 by virtue of

section 293(2) of that Act;

                                  “Crown or Duchy interest” means an interest which belongs to

Her Majesty in right of the Crown or of the Duchy of Lancaster,

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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;

                                  “Crown premises” means premises held by or on behalf of the

Crown.

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           (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.”

Water conservation by undertakers

 76    Water conservation

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In section 3(2)(a) of the WIA (environmental duties in relation to proposals

relating to the functions of a relevant undertaker), after “special interest” there

is inserted “and, in the case of the exercise of such a power by a company

holding an appointment as a relevant undertaker, as to further water

conservation”.

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Fire hydrants

 77    Fire hydrants

     (1)    After subsection (4) of section 57 of the WIA (duty to supply water etc for fire-

fighting) there is inserted—

           “(4A)              Where a fire-hydrant is removed (other than at the request of the fire

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authority concerned) by a water undertaker in the course of carrying

out works in relation to any of its water mains or other pipes, the cost

of replacing the fire-hydrant shall be borne by the undertaker.”

     (2)    After subsection (4) of section 58 of the WIA (specially requested fire-hydrants)

there is inserted—

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           “(4A)              Where a specially requested fire-hydrant is removed (other than at the

request of the owner or occupier of the factory or place of business in

question) by a water undertaker in the course of carrying out works in

relation to any of its water mains or other pipes, the cost of replacing

the fire-hydrant shall be borne by the undertaker.”

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