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Water Bill [HL]


Water Bill [HL]
Part 3 — Miscellaneous

    85

 

Information

 70    Information

For section 201 of the WRA (power to require information with respect to

abstraction) there is substituted—

       “201            Power to require information in respect of water resources functions

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           (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

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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

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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

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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

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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.”

Powers of entry

 71    Extension of Environment Agency’s powers of entry

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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—

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                  (a)                 to carry out experimental borings or other works on those

premises; and

                  (b)                 to install and keep monitoring and other apparatus there.”

 

 

Water Bill [HL]
Part 3 — Miscellaneous

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Environment Agency’s general water resources duty

 72    Efficient use of water resources

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)”.

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Border rivers

 73    Border rivers

In section 6 of the Environment Act 1995 (c. 25) (general provisions with

respect to water), in subsection (3), after paragraph (c) there is inserted “except

so much of those inland waters as are in England.”.

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Reservoirs

 74    Environment Agency to be enforcement authority under the Reservoirs Act

1975

     (1)    The Reservoirs Act 1975 (c. 23) is amended as follows—

           (a)           in subsection (1) of section 2 (registration of certain reservoirs and

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enforcement of Act, etc), for the words from “The local authorities” to

the words “county boroughs” there is substituted “The relevant

authorities for purposes of this Act shall be, in England and Wales, the

Environment Agency”,

           (b)           in the following provisions of the Act, for “local authority”, in each

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place where it appears, there is substituted “relevant authority”—

                                  sections 2 and 3,

                                  section 13,

                                  sections 20 and 21,

                                  sections 24 and 25,

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                                  section 27,

           (c)           in section 1 (ambit of Act, and interpretation), after subsection (4) there

is inserted—

                  “(4A)                    The “area” of the Environment Agency, in its capacity as a

relevant authority for purposes of this Act, is the whole of

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England and Wales.”,

           (d)           in section 22(6) (institution of proceedings for an offence under the

Act), for the words from “by any local authority” to “except by” there is

substituted “only by the Environment Agency or”,

           (e)           in Schedule 1 (index of definitions), at the appropriate places there are

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inserted the following entries—

               “Area (in relation to the Environment Agency)...........Section 1(4A)”

               “Relevant authority..........................................................Section 2(1)”.

     (2)    Each body which immediately before the date of commencement of subsection

(1) (referred to in this section as the “commencement date”) is a local authority

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Water Bill [HL]
Part 3 — Miscellaneous

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in England or Wales for the purposes of the Reservoirs Act 1975 shall, as soon

as practicable after that date, give to the Environment Agency—

           (a)           the register maintained by the body under section 2(2) of that Act; and

           (b)           any other documents, records or other information in its possession

which relate to the exercise of the body’s functions as an enforcement

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authority within the meaning of section 2(6) of that Act (referred to in

this section as its “enforcement functions”).

     (3)    It shall be the duty of a body falling within subsection (2) to give to the

Environment Agency all such assistance as the Environment Agency may

reasonably require for the purposes of facilitating the taking over by the

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Environment Agency of the body’s enforcement functions.

     (4)    Nothing in this section affects the validity of anything done by or in relation to

such a body in the exercise of its enforcement functions before the

commencement date.

     (5)    There may be continued by or in relation to the Environment Agency anything

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(including legal proceedings) which relates to any of such a body’s

enforcement functions and is in the process of being done by or in relation to

the body immediately before the commencement date.

     (6)    Anything which was done by such a body for the purpose of or in connection

with any of its enforcement functions and is in effect immediately before the

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commencement date shall have effect as if done by the Environment Agency.

 75    Extension of enforcement authority’s reserve powers

     (1)    The Reservoirs Act 1975 (c. 23) is amended as follows.

     (2)    In section 8 (powers of enforcement authority in event of non-compliance with

certain requirements), after subsection (3) there is inserted—

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           “(3A)              Where it appears to the enforcement authority that the report of an

engineer acting under this section includes a recommendation as to

measures to be taken in the interests of safety that has not been carried

into effect as required by this section, the authority may by written

notice served on the undertakers require them to carry the

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recommendation into effect within a time specified in the notice.

           (3B)              Where an enforcement authority propose to serve such a notice, the

authority shall consult as to the time to be specified in the notice a civil

engineer, being a qualified civil engineer for the purpose of inspecting

and supervising the reservoir under this section.”

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     (3)    In section 15 (reserve powers), in subsection (2), after “section” there is inserted

“8,”.

     (4)    In section 17 (powers of entry), in subsection (1)(b), after “section”, in both

places, there is inserted “8,”.

 76    Service of documents

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     (1)    In section 15(4) of the Reservoirs Act 1975 (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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Part 3 — Miscellaneous

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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.”

 77    Flood plans: large raised reservoirs

After section 12 of the Reservoirs Act 1975 (c. 23) there is inserted—

“Flooding

       12A            Flood plans: large raised reservoirs

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

in relation to a large raised 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;

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

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emergency services in the area where the reservoir is situated;

and

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

appropriate.

           (4)           If—

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Water Bill [HL]
Part 3 — Miscellaneous

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                  (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

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

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                  (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

reservoir.

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

 78    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—

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

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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.”

     (2)    After section 12A of that Act (which is inserted by section 77 of this Act) there

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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

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

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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 (whether a large raised reservoir or not, as

the case may be) the Secretary of State may, by written notice served on

the undertakers, require them not to publish, or not to publish except

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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.”

 79    Offences

     (1)    Section 22 of the Reservoirs Act 1975 (criminal liability of undertakers and their

40

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

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

12A above;”.

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Water Bill [HL]
Part 3 — Miscellaneous

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     (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

liable—

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

5

maximum;

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

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

 80    Crown application

After section 27 of the Reservoirs Act 1975 (c. 23) there is inserted—

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“Crown application

       27A            Crown application

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

           (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

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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

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

apply to other persons.

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           (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

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

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

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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

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

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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

this Act.

           (7)           In this section—

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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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Water Bill [HL]
Part 3 — Miscellaneous

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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

 81    Water conservation

5

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

 82    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

15

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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Coal mine water pollution

 83    Control of water from coal mines

     (1)    After section 4 of the Coal Industry Act 1994 (c. 21) there is inserted—

       “4A            Power of the Authority with respect to coal mine water discharge

           (1)           The Authority may take such action as it considers appropriate (if any)

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for the purpose of preventing, or mitigating the effect of, the discharge

of water from a coal mine into or on to any land or into any controlled

waters.

           (2)           In this section and sections 4B and 4C below—

                  (a)                 “controlled waters” has the meaning given by section 104 of the

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Water Resources Act 1991; and

                  (b)                 references to coal mines are to coal mines vested in the

Authority.

 

 

 
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