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Water Bill [HL]


Water Bill [HL]
Part 3 — Miscellaneous

    81

 

                         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)—

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           (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

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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

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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.”

 65    Procedure at local inquiries

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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

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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).”

Land drainage and flood defence

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 66    Revocation of local flood defence schemes

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

     (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

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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

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provision altering—

 

 

Water Bill [HL]
Part 3 — Miscellaneous

    82

 

                  (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,

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                         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, apart from paragraph 3(3), apply in

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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”.

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 67    Membership of regional flood defence committees in Wales

After section 16 of the Environment Act 1995 (c. 25) there is inserted—

       “16A                                     Power to alter composition of regional flood defence committees in

Wales                   

           (1)           This section applies in relation to any regional flood defence committee

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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;

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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—

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                  (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—

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                  (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.

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           (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

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resolution of either House of Parliament.

 

 

Water Bill [HL]
Part 3 — Miscellaneous

    83

 

           (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

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the purposes of making an order under subsection (3) above.

       16B            Effect of order under section 16A

           (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.

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           (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

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                  (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—

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                  (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.”

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 68    Regional flood defence committees

     (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)—

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           (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

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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”,

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           (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

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Wales, the National Assembly for Wales;

 

 

Water Bill [HL]
Part 3 — Miscellaneous

    84

 

                    (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”.

 69    Grants for drainage works and flood warning systems

5

     (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

10

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

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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—

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                                                                      “flood warning system” means any system whereby, for the

purpose of providing warning of any danger of flooding,

information with respect to—

                        (a)                        rainfall, as measured at a particular place within a

particular period; or

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                        (b)                        the level or flow of any inland water, or part of an inland

water, at a particular time; or

                        (c)                        other matters appearing to the Agency to be relevant for

that purpose,

                                                          is obtained and transmitted, whether automatically or

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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—

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                        (a)                        any river, stream or other watercourse, whether natural

or artificial and whether tidal or not;

                        (b)                        any lake or pond, whether natural or artificial, and any

reservoir or dock; and

                        (c)                        any channel, creek, bay, estuary or arm of the sea;

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                                  “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.

 

 

 
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