UKPGA-2010-29 Flood and Water Management Act 2010 UK

Current to 2025-12-18

Contents
preamble

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part 1

Flood and Coastal Erosion Risk Management

1. Key concepts and definitions

s. 1 — “Flood” and “coastal erosion”
s. 1(1)

“Flood” includes any case where land not normally covered by water becomes covered by water.

s. 1(2)

It does not matter for the purpose of subsection (1) whether a flood is caused by—

s. 1(2)(a)

heavy rainfall,

s. 1(2)(b)

a river overflowing or its banks being breached,

s. 1(2)(c)

a dam overflowing or being breached,

s. 1(2)(d)

tidal waters,

s. 1(2)(e)

groundwater, or

s. 1(2)(e)

anything else (including any combination of factors).

s. 1(3)

But “flood” does not include—

s. 1(3)(a)

a flood from any part of a sewerage system, unless wholly or partly caused by an increase in the volume of rainwater (including snow and other precipitation) entering or otherwise affecting the system, or

s. 1(3)(b)

a flood caused by a burst water main (within the meaning given by section 219 of the Water Industry Act 1991).

s. 1(4)

“Coastal erosion” means the erosion of the coast of any part of England or Wales.

s. 2 — “Risk”
s. 2(1)

“Risk” means a risk in respect of an occurrence assessed and expressed (as for insurance and scientific purposes) as a combination of the probability of the occurrence with its potential consequences.

s. 2(2)

“Flood risk” means a risk in respect of flood.

s. 2(3)

“Coastal erosion risk” means a risk in respect of coastal erosion.

s. 2(4)

In each case the potential harmful consequences to be considered in assessing risk include, in particular, consequences for—

s. 2(4)(a)

human health,

s. 2(4)(b)

the social and economic welfare of individuals and communities,

s. 2(4)(c)

infrastructure, and

s. 2(4)(d)

the environment (including cultural heritage).

s. 3 — “Risk management”
s. 3(1)

“Risk management” means anything done for the purpose of—

s. 3(1)(a)

analysing a risk,

s. 3(1)(b)

assessing a risk,

s. 3(1)(c)

reducing a risk,

s. 3(1)(d)

reducing a component in the assessment of a risk,

s. 3(1)(e)

altering the balance of factors combined in assessing a risk, or

s. 3(1)(f)

otherwise taking action in respect of a risk or a factor relevant to the assessment of a risk (including action for the purpose of flood defence).

s. 3(2)

In particular, risk management includes things done—

s. 3(2)(a)

that increase the probability of an event but reduce or alter its potential consequences, or

s. 3(2)(b)

that increase the probability of an event occurring at one time or in one place but reduce the probability of it occurring at another time or in another place.

s. 3(3)

The following are examples of things that might be done in the course of flood or coastal erosion risk management—

s. 3(3)(a)

planning, erecting, maintaining, altering or removing buildings or other structures (including structures built or used for flood defence purposes),

s. 3(3)(b)

maintaining or restoring natural processes,

s. 3(3)(c)

reducing or increasing the level of water in a place (whether or not it results in a change to the water level in another place),

s. 3(3)(d)

carrying out work in respect of a river or other watercourse (such as taking things out of it or supporting or diverting the banks),

s. 3(3)(e)

moving things onto, off or around a beach, or carrying out other works in respect of the shoreline,

s. 3(3)(f)

using statutory or other powers to permit, require, restrict or prevent activities,

s. 3(3)(g)

making arrangements for financial or other support for action taken by persons in respect of a risk of, or in preparing to manage the consequences of, flooding or coastal erosion,

s. 3(3)(h)

making arrangements for forecasting and warning,

s. 3(3)(i)

preparing, gathering and disseminating maps, plans, surveys and other information, and

s. 3(3)(j)

providing education and giving guidance (including, for example, guidance on changes to land management).

s. 4 — “Flood risk management function”
s. 4(1)

“Flood risk management function” means a function listed in subsection (2) which may be exercised by a risk management authority for a purpose connected with flood risk management.

s. 4(2)

The functions are—

s. 4(2)(a)

a function under this Part,

s. 4(2)(b)

a function under section 159 or 160 of the Water Resources Act 1991,

s. 4(2)(c)

a flood defence function within the meaning of section 221 of that Act,

s. 4(2)(d)

a function under the Land Drainage Act 1991,

s. 4(2)(e)

a function under section 100, 101, 110 or 339 of the Highways Act 1980, and

s. 4(2)(f)

any other function, under an enactment, specified for the purposes of this section by order made by the Minister.

s. 4(3)

In this section and section 5 “the Minister” means—

s. 4(3)(a)

the Secretary of State in relation to flood and coastal erosion risk management in England, and

s. 4(3)(b)

the Welsh Ministers in relation to flood and coastal erosion risk management in Wales.

s. 5 — “Coastal erosion risk management function”
s. 5(1)

“Coastal erosion risk management function” means a function listed in subsection (2) which may be exercised by a risk management authority for a purpose connected with coastal erosion.

s. 5(2)

The functions are—

s. 5(2)(a)

a function under this Part,

s. 5(2)(b)

a function under the Coast Protection Act 1949, and

s. 5(2)(c)

any other function, under an enactment, specified for the purposes of this section by order made by the Minister.

s. 6 — Other definitions
s. 6(1)

“Main river” has the meaning given by section 113 of the Water Resources Act 1991.

s. 6(2)

“Watercourse” has the meaning given by section 72(1) of the Land Drainage Act 1991.

s. 6(3)

“Ordinary watercourse” means a watercourse that does not form part of a main river.

s. 6(4)

“Groundwater” means all water which is below the surface of the ground and in direct contact with the ground or subsoil.

s. 6(5)

“Surface runoff” means rainwater (including snow and other precipitation) which—

s. 6(5)(a)

is on the surface of the ground (whether or not it is moving), and

s. 6(5)(b)

has not entered a watercourse, drainage system or public sewer.

s. 6(6)

In subsection (5)(b)—

s. 6(6)(a)

the reference to a watercourse includes a reference to a lake, pond or other area of water which flows into a watercourse, and

s. 6(6)(b)

“drainage system” has the meaning given by paragraph 1 of Schedule 3.

s. 6(7)

“Lead local flood authority” in relation to an area in England means—

s. 6(7)(a)

the unitary authority for the area, or

s. 6(7)(b)

if there is no unitary authority, the county council for the area.

s. 6(8)

“Unitary authority” means—

s. 6(8)(a)

the council of a county for which there are no district councils;

s. 6(8)(b)

the council of a district in an area for which there is no county council;

s. 6(8)(c)

the council of a London borough;

s. 6(8)(d)

the Common Council of the City of London;

s. 6(8)(e)

the Council of the Isles of Scilly.

s. 6(9)

“Lead local flood authority” in relation to an area in Wales means—

s. 6(9)(a)

the county council for the area;

s. 6(9)(b)

the county borough council for the area.

s. 6(10)

“Internal drainage board” has the same meaning as in section 1 of the Land Drainage Act 1991.

s. 6(11)

“Water company” means ... —

s. 6(11)(a)

a company which holds an appointment under Chapter 1 of Part 2 of the Water Industry Act 1991, or

s. 6(11)(b)

a person who holds a licence under Chapter 1A of Part 2 of that Act.

s. 6(12)

“Highway authority” has the meaning given by section 1 of the Highways Act 1980.

s. 6(13)

“Risk management authority” means—

s. 6(13)(a)

the Environment Agency,

s. 6(13)(aa)

the Natural Resources Body for Wales,

s. 6(13)(b)

a lead local flood authority,

s. 6(13)(c)

a district council for an area for which there is no unitary authority,

s. 6(13)(d)

an internal drainage board,

s. 6(13)(e)

a water company, and

s. 6(13)(f)

a highway authority.

s. 6(14)

“English risk management authority” means—

s. 6(14)(a)

the Environment Agency,

s. 6(14)(b)

a risk management authority within subsection (13)(b), (c) or (f) for an area that is wholly in England,

s. 6(14)(c)

an internal drainage board for an internal drainage district that is wholly or mainly in England, and

s. 6(14)(d)

a water company that exercises functions in relation to an area in England.

s. 6(15)

“Welsh risk management authority” means—

s. 6(15)(a)

the Natural Resources Body for Wales,

s. 6(15)(b)

a risk management authority within subsection (13)(b), (c) or (f) for an area that is wholly in Wales,

s. 6(15)(c)

an internal drainage board for an internal drainage district that is wholly or mainly in Wales, and

s. 6(15)(d)

a water company that exercises functions in relation to an area in Wales.

s. 6(16)

“Cross-border internal drainage board” means an internal drainage board for an internal drainage district that is partly in England and partly in Wales.

s. 6(17)

“Wales” has the meaning given by section 158 of the Government of Wales Act 2006.

2. Strategies, co-operation and funding

s. 7 — National flood and coastal erosion risk management strategy: England
s. 7(1)

The Environment Agency must develop, maintain, apply and monitor a strategy for flood and coastal erosion risk management in England (a “national flood and coastal erosion risk management strategy”).

s. 7(2)

The strategy must specify—

s. 7(2)(a)

the English risk management authorities,

s. 7(2)(b)

the flood and coastal erosion risk management functions that may be exercised by those authorities in relation to England,

s. 7(2)(c)

the objectives for managing flood and coastal erosion risk,

s. 7(2)(d)

the measures proposed to achieve those objectives,

s. 7(2)(e)

how and when the measures are to be implemented,

s. 7(2)(f)

the costs and benefits of those measures, and how they are to be paid for,

s. 7(2)(g)

the assessment of flood and coastal erosion risk for the purpose of the strategy,

s. 7(2)(h)

how and when the strategy is to be reviewed,

s. 7(2)(i)

the current and predicted impact of climate change on flood and coastal erosion risk management, and

s. 7(2)(j)

how the strategy contributes towards the achievement of wider environmental objectives.

s. 7(3)

The Agency must consult the following about the national flood and coastal erosion risk management strategy—

s. 7(3)(a)

the English risk management authorities,

s. 7(3)(b)

the public,

s. 7(3)(c)

so far as the strategy may affect flood and coastal erosion risk management in Wales, the Welsh Ministers, and

s. 7(3)(d)

so far as the strategy may affect flood and coastal erosion risk management in Scotland, the Scottish Ministers.

s. 7(4)

The Agency must publish a summary of the strategy.

s. 7(5)

The Agency may issue guidance about the application of the strategy.

s. 7(6)

The Agency may, in particular, issue guidance about how English risk management authorities are to comply with the duties under sections 13(1) and 14.

s. 7(7)

The Agency must submit a draft of the strategy and any guidance under this section to the Secretary of State for review.

s. 7(8)

On a review, the Secretary of State may—

s. 7(8)(a)

approve the draft strategy or guidance, with or without modification, or

s. 7(8)(b)

reject it.

s. 7(9)

The Secretary of State must lay any approved strategy or guidance before Parliament; and it may not be issued if during the period of 40 days beginning with the date of laying (ignoring any periods for which Parliament is dissolved or prorogued or for which both Houses are adjourned for more than 4 days) either House of Parliament resolves that it should not be issued (in that form).

s. 8 — National flood and coastal erosion risk management strategy: Wales
s. 8(1)

The Welsh Ministers must develop, maintain and apply a strategy for flood and coastal erosion risk management in Wales (a “national flood and coastal erosion risk management strategy”).

s. 8(2)

The strategy must specify—

s. 8(2)(a)

the Welsh risk management authorities,

s. 8(2)(b)

the flood and coastal erosion risk management functions that may be exercised by those authorities in relation to Wales,

s. 8(2)(c)

the objectives for managing flood and coastal erosion risk,

s. 8(2)(d)

the measures proposed to achieve those objectives,

s. 8(2)(e)

how and when the measures are to be implemented,

s. 8(2)(f)

the costs and benefits of those measures, and how they are to be paid for,

s. 8(2)(g)

the assessment of flood and coastal erosion risk for the purpose of the strategy,

s. 8(2)(h)

how and when the strategy is to be reviewed,

s. 8(2)(i)

the current and predicted impact of climate change on flood and coastal erosion risk management, and

s. 8(2)(j)

how the strategy contributes towards the achievement of wider environmental objectives.

s. 8(3)

The Welsh Ministers must consult the Secretary of State about the national flood and coastal erosion risk management strategy, so far as the strategy may affect flood and coastal erosion risk management in England.

s. 8(4)

The Welsh Ministers must publish a summary of the strategy.

s. 8(5)

The Welsh Ministers may issue guidance about the application of the strategy.

s. 8(6)

The Welsh Ministers may, in particular, issue guidance about how Welsh risk management authorities are to comply with the duties under sections 13(1) and 14.

s. 8(7)

The Welsh Ministers must lay any guidance in draft before the National Assembly for Wales; and it may not be issued if during the period of 40 days beginning with the date of laying (ignoring any periods for which the National Assembly is dissolved or is in recess for more than 4 days) the National Assembly resolves that it should not be issued (in that form).

s. 8(8)

The Welsh Ministers must lay the strategy before the National Assembly for Wales.

s. 9 — Local flood risk management strategies: England
s. 9(1)

A lead local flood authority for an area in England must develop, maintain, apply and monitor a strategy for local flood risk management in its area (a “local flood risk management strategy”).

s. 9(2)

In subsection (1) “local flood risk” means flood risk from—

s. 9(2)(a)

surface runoff,

s. 9(2)(b)

groundwater, and

s. 9(2)(c)

ordinary watercourses.

s. 9(3)

In subsection (2)(c) the reference to an ordinary watercourse includes a reference to a lake, pond or other area of water which flows into an ordinary watercourse.

s. 9(4)

The strategy must specify—

s. 9(4)(a)

the risk management authorities in the authority's area,

s. 9(4)(b)

the flood and coastal erosion risk management functions that may be exercised by those authorities in relation to the area,

s. 9(4)(c)

the objectives for managing local flood risk (including any objectives included in the authority's flood risk management plan prepared in accordance with the Flood Risk Regulations 2009),

s. 9(4)(d)

the measures proposed to achieve those objectives,

s. 9(4)(e)

how and when the measures are expected to be implemented,

s. 9(4)(f)

the costs and benefits of those measures, and how they are to be paid for,

s. 9(4)(g)

the assessment of local flood risk for the purpose of the strategy,

s. 9(4)(h)

how and when the strategy is to be reviewed, and

s. 9(4)(i)

how the strategy contributes to the achievement of wider environmental objectives.

s. 9(5)

The strategy must be consistent with the national flood and coastal erosion risk management strategy for England under section 7.

s. 9(6)

A lead local flood authority must consult the following about its local flood risk management strategy—

s. 9(6)(a)

risk management authorities that may be affected by the strategy (including risk management authorities in Wales), and

s. 9(6)(b)

the public.

s. 9(7)

A lead local flood authority must publish a summary of its local flood risk management strategy (including guidance about the availability of relevant information).

s. 9(8)

A lead local flood authority may issue guidance about the application of the local flood risk management strategy in its area.

s. 9(9)

A lead local flood authority must have regard to any guidance issued by the Secretary of State about—

s. 9(9)(a)

the local flood risk management strategy, and

s. 9(9)(b)

guidance under subsection (8).

s. 10 — Local flood risk management strategies: Wales
s. 10(1)

A lead local flood authority for an area in Wales must develop, maintain, apply and monitor a strategy for local flood risk management its area (a “local flood risk management strategy”).

s. 10(2)

In subsection (1) “local flood risk” means flood risk from—

s. 10(2)(a)

surface runoff,

s. 10(2)(b)

groundwater, and

s. 10(2)(c)

ordinary watercourses.

s. 10(3)

In subsection (2)(c) the reference to an ordinary watercourse includes a reference to a lake, pond or other area of water which flows into an ordinary watercourse.

s. 10(4)

The strategy must specify—

s. 10(4)(a)

the risk management authorities in the authority's area,

s. 10(4)(b)

the flood and coastal erosion risk management functions that may be exercised by those authorities in relation to the area,

s. 10(4)(c)

the objectives for managing local flood risk (including any objectives included in the authority's flood risk management plan prepared in accordance with the Flood Risk Regulations 2009),

s. 10(4)(d)

the measures proposed to achieve those objectives,

s. 10(4)(e)

how and when the measures are expected to be implemented,

s. 10(4)(f)

the costs and benefits of those measures, and how they are to be paid for,

s. 10(4)(g)

the assessment of local flood risk for the purpose of the strategy,

s. 10(4)(h)

how and when the strategy is to be reviewed, and

s. 10(4)(i)

how the strategy contributes to the achievement of wider environmental objectives.

s. 10(5)

The strategy must be consistent with the national flood and coastal erosion risk management strategy for Wales under section 8.

s. 10(6)

A lead local flood authority must consult the following about its local flood risk management strategy—

s. 10(6)(a)

risk management authorities that may be affected by the strategy (including risk management authorities in England), and

s. 10(6)(b)

the public.

s. 10(7)

A lead local flood authority must publish a summary of its local flood risk management strategy (including guidance about the availability of relevant information).

s. 10(8)

A lead local flood authority may issue guidance about the application of the local flood risk management strategy in its area.

s. 10(9)

A lead local flood authority must submit a draft of the strategy and any guidance under this section to the Welsh Ministers for review.

s. 10(10)

On a review, the Welsh Ministers may—

s. 10(10)(a)

approve the draft strategy or guidance, with or without modification, or

s. 10(10)(b)

reject it.

s. 11 — Effect of national and local strategies: England
s. 11(1)

In exercising its flood and coastal erosion risk management functions, an English risk management authority must—

s. 11(1)(a)

act in a manner which is consistent with the national strategy and guidance, and

s. 11(1)(b)

except in the case of a water company, act in a manner which is consistent with the local strategies and guidance.

s. 11(2)

But—

s. 11(2)(a)

subsection (1) does not apply in relation to the function of the Environment Agency under section 7(1);

s. 11(2)(b)

the Agency must have regard to the national and local strategies and guidance in exercising that function.

s. 11(3)

In exercising a flood or coastal erosion risk management function in relation to an area in England, a water company must have regard to the local strategies and guidance.

s. 11(4)

In exercising any other function in a manner which may affect a flood risk or coastal erosion risk, an English risk management authority must have regard to the national and local strategies and guidance.

s. 11(5)

A cross-border internal drainage board for an internal drainage district that is mainly in Wales must—

s. 11(5)(a)

act in a manner which is consistent with the local strategies and guidance, and

s. 11(5)(b)

have regard to the national strategy and guidance.

s. 11(6)

Subsection (5) does not affect the duties of a cross-border internal drainage board under section 12.

s. 11(6A)

In exercising a function in a manner which may affect a flood risk or coastal erosion risk in England, the Natural Resources Body for Wales must have regard to the national and local strategies and guidance.

s. 11(7)

The Secretary of State may by order require a specified person to have regard to the national and local strategies and guidance in exercising a statutory function which may affect a flood risk or coastal erosion risk in England.

s. 11(8)

In this section—

s. 11(8)(a)

references to the national strategy and guidance are references to (i) the national flood and coastal erosion risk management strategy under section 7, and (ii) any guidance on the national strategy issued by the Environment Agency, and

s. 11(8)(b)

references to the local strategies and guidance are references to (i) any local flood risk management strategy under section 9 for the relevant area, and (ii) any guidance on a local strategy issued by a lead local flood authority.

s. 11(9)

In subsection (7) “statutory function” means a function conferred by or under an enactment.

s. 12 — Effect of national and local strategies: Wales
s. 12(1)

In exercising its flood and coastal erosion risk management functions, a Welsh risk management authority must—

s. 12(1)(a)

act in a manner which is consistent with the national strategy and guidance, and

s. 12(1)(b)

except in the case of a water company, act in a manner which is consistent with the local strategies and guidance.

s. 12(2)

In exercising a flood or coastal erosion risk management function in relation to an area in Wales, a water company must have regard to the local strategies and guidance.

s. 12(3)

In exercising any other function in a manner which may affect a flood risk or coastal erosion risk, a Welsh risk management authority must have regard to the national and local strategies and guidance.

s. 12(4)

A cross-border internal drainage board for an internal drainage district that is mainly in England must—

s. 12(4)(a)

act in a manner which is consistent with the local strategies and guidance, and

s. 12(4)(b)

have regard to the national strategy and guidance.

s. 12(5)

Subsection (4) does not affect the duties of a cross-border internal drainage board under section 11.

s. 12(5A)

In exercising a function in a manner which may affect a flood risk or coastal erosion risk in Wales, the Environment Agency must have regard to the national and local strategies and guidance.

s. 12(6)

The Welsh Ministers may by order require a specified person to have regard to the national and local strategies and guidance in exercising a statutory function which may affect a flood risk or coastal erosion risk in Wales.

s. 12(7)

In this section—

s. 12(7)(a)

references to the national strategy and guidance are references to (i) the national flood and coastal erosion risk management strategy under section 8, and (ii) any guidance on the national strategy issued by the Welsh Ministers, and

s. 12(7)(b)

references to the local strategies and guidance are references to (i) any local flood risk management strategy under section 10 for the relevant area, and (ii) any guidance on a local strategy issued by a lead local flood authority.

s. 12(8)

In subsection (6) “statutory function” means a function conferred by or under an enactment.

s. 13 — Co-operation and arrangements
s. 13(1)

A relevant authority must co-operate with other relevant authorities in the exercise of their flood and coastal erosion risk management functions.

s. 13(2)

A relevant authority may share information with another relevant authority for the purpose of discharging its duty under subsection (1).

s. 13(3)

In subsections (1) and (2) “relevant authority” means—

s. 13(3)(a)

a risk management authority, and

s. 13(3)(b)

the Welsh Ministers.

s. 13(4)

A risk management authority may arrange for a flood risk management function to be exercised on its behalf by—

s. 13(4)(a)

another risk management authority, or

s. 13(4)(b)

a navigation authority (within the meaning given by section 219 of the Water Industry Act 1991).

s. 13(5)

But subsection (4) does not apply in relation to—

s. 13(5)(a)

the function of the Environment Agency under section 7(1), or

s. 13(5)(b)

the function of a lead local flood authority under section 9(1) or 10(1).

s. 13(6)

A coast protection authority may, with the appropriate consent, arrange for a person to exercise a coastal erosion risk management function on its behalf.

s. 13(7)

In subsection (6) the “appropriate consent” means—

s. 13(7)(a)

in relation to a coast protection authority in England, the consent of the Environment Agency, and

s. 13(7)(b)

in relation to a coast protection authority in Wales, the consent of the Welsh Ministers.

s. 13(8)

The Environment Agency or the Natural Resources Body for Wales may arrange for a coastal erosion risk management function to be exercised on its behalf by—

s. 13(8)(a)

a coast protection authority,

s. 13(8)(b)

a lead local flood authority, or

s. 13(8)(c)

an internal drainage board.

s. 13(9)

In subsections (4), (6) and (8) a reference to a flood risk management function or a coastal erosion risk management function includes a reference to anything that may be done by a risk management authority for a purpose connected with the exercise of that function.

s. 13(10)

In this section “coast protection authority” has the meaning given by section 1 of the Coast Protection Act 1949.

s. 14 — Power to request information
s. 14(1)

An authority listed in subsection (2) may request a person to provide information in connection with the authority's flood and coastal erosion risk management functions.

s. 14(2)

The authorities are—

s. 14(2)(a)

the Environment Agency, ...

s. 14(2)(aa)

the Natural Resources Body for Wales, and

s. 14(2)(b)

lead local flood authorities.

s. 14(3)

The Welsh Ministers may request a person to provide information in connection with the function under section 8.

s. 14(4)

Information requested under subsection (1) or (3) must be provided—

s. 14(4)(a)

in the form or manner specified in the request, and

s. 14(4)(b)

within the period specified in the request.

s. 15 — Civil sanctions
s. 15(1)

An authority that requests a person (P) to provide information under section 14(1) or (3) may give P an enforcement notice if P fails to comply with the request.

s. 15(2)

An enforcement notice must—

s. 15(2)(a)

specify the information requested,

s. 15(2)(b)

state that the authority may impose a penalty if P fails to provide the information within a specified period, which must be at least 28 days beginning with the date of issue of the notice, and

s. 15(2)(c)

state that P may make representations to the authority about the notice within that period.

s. 15(3)

The authority may by penalty notice impose a penalty on P if P fails to provide the specified information in the specified period.

s. 15(4)

The amount of the penalty—

s. 15(4)(a)

is to be determined by the authority, but

s. 15(4)(b)

must not exceed £1000.

s. 15(5)

In deciding whether to impose a penalty and in determining the amount of a penalty the authority must have regard to—

s. 15(5)(a)

any representations under subsection (2)(c), and

s. 15(5)(b)

any partial compliance with the initial request under section 14.

s. 15(6)

The penalty notice must—

s. 15(6)(a)

specify the reasons for the decision to impose a penalty,

s. 15(6)(b)

state a period within which payment must be made, which must be at least 14 days beginning with the date of issue of the notice, and

s. 15(6)(c)

notify P of the right of appeal under subsection (8).

s. 15(7)

A penalty is recoverable as a debt.

s. 15(8)

The Minister must by regulations provide a right of appeal against penalties; and the regulations must—

s. 15(8)(a)

confer jurisdiction on the Minister, a court or a tribunal, and

s. 15(8)(b)

make provision about procedure.

s. 15(9)

The Minister may by order substitute a different amount for the amount specified in subsection (4)(b) to reflect a change in the value of money.

s. 15(10)

In this section “the Minister” means—

s. 15(10)(a)

the Secretary of State in relation to penalties issued by—

s. 15(10)(a)(i)

lead local flood authorities for areas in England, and

s. 15(10)(a)(ii)

the Natural Resources Body for Wales in respect of a failure to comply with a request in connection with a flood or coastal erosion risk management function in relation to England, and

s. 15(10)(b)

the Welsh Ministers in relation to penalties issued by—

s. 15(10)(b)(i)

lead local flood authorities for areas in Wales,

s. 15(10)(b)(ii)

the Environment Agency in respect of a failure to comply with a request in connection with a flood or coastal erosion risk management function in relation to Wales, and

s. 15(10)(b)(iii)

the Welsh Ministers.

s. 15(11)

A reference in this section to an authority includes a reference to the Welsh Ministers.

s. 15(12)

The first sets of regulations under subsection (8) may not be made unless a draft has been laid before and approved by resolution of—

s. 15(12)(a)

each House of Parliament, in the case of the first regulations made by the Secretary of State, and

s. 15(12)(b)

the National Assembly for Wales, in the case of the first regulations made by the Welsh Ministers.

s. 16 — Funding
s. 16(1)

The Environment Agency may make grants in respect of expenditure incurred or expected to be incurred in connection with flood or coastal erosion risk management in England.

s. 16(2)

The Welsh Ministers may make grants in respect of expenditure incurred or expected to be incurred in connection with flood or coastal erosion risk management in Wales.

s. 16(3)

A grant may be subject to conditions (including conditions as to repayment and interest).

s. 17 — Levies
s. 17(1)

The Environment Agency may issue levies to the lead local flood authority for an area in England in respect of the Agency's flood and coastal erosion risk management functions in that area.

s. 17(1A)

The Natural Resources Body for Wales may issue levies to the lead local flood authority for an area in Wales in respect of the Natural Resources Body for Wales' flood and coastal erosion risk management functions in that area.

s. 17(2)

A levy issued under this section shall be issued in accordance with regulations under section 74 of the Local Government Finance Act 1988.

s. 17(3)

The Agency and the Natural Resources Body for Wales shall each be treated as a levying body within the meaning of that section.

s. 17(4)

This section is subject to the requirement in section 23(3) for the Agency to obtain the consent of the appropriate Regional Flood and Coastal Committee.

3. Supplemental powers and duties

s. 18 — Reports about flood and coastal erosion risk management
s. 18(1)

The Environment Agency must report to the Minister about flood and coastal erosion risk management in England.

s. 18(1A)

The Natural Resources Body for Wales must report to the Minister about flood and coastal erosion risk management in Wales.

s. 18(2)

In particular, the report must include information about the application of the national flood and coastal erosion risk management strategies under sections 7 and 8.

s. 18(3)

The Minister may make regulations about—

s. 18(3)(a)

the times or intervals at which a report must be made, and

s. 18(3)(b)

the content of a report.

s. 18(4)

In this section “the Minister” means—

s. 18(4)(a)

the Secretary of State in relation to flood and coastal erosion risk management in England, and

s. 18(4)(b)

the Welsh Ministers in relation to flood and coastal erosion risk management in Wales.

s. 19 — Local authorities: investigations
s. 19(1)

On becoming aware of a flood in its area, a lead local flood authority must, to the extent that it considers it necessary or appropriate, investigate—

s. 19(1)(a)

which risk management authorities have relevant flood risk management functions, and

s. 19(1)(b)

whether each of those risk management authorities has exercised, or is proposing to exercise, those functions in response to the flood.

s. 19(2)

Where an authority carries out an investigation under subsection (1) it must—

s. 19(2)(a)

publish the results of its investigation, and

s. 19(2)(b)

notify any relevant risk management authorities.

s. 20 — Ministerial directions
s. 20(1)

The Minister may direct a risk management authority to exercise a flood or coastal erosion risk management function on behalf of another risk management authority (the “defaulting authority”).

s. 20(2)

The Minister may give a direction under subsection (1) only if satisfied that the defaulting authority—

s. 20(2)(a)

has failed to exercise the function, or

s. 20(2)(b)

has failed to exercise the function in accordance with the national strategies under sections 7 and 8 or the local strategies under sections 9 and 10.

s. 20(3)

A direction under subsection (1) may include provision about the recovery of costs of compliance from the defaulting authority.

s. 20(4)

The Minister must—

s. 20(4)(a)

send a copy of the direction to the defaulting authority, and

s. 20(4)(b)

publish the direction.

s. 20(5)

But the Minister may decide not to publish a direction if it appears that to do so would be contrary to the interests of national security.

s. 20(6)

In this section “the Minister” means—

s. 20(6)(a)

the Secretary of State in relation to risk management authorities that exercise functions only in England,

s. 20(6)(b)

the Welsh Ministers in relation to risk management authorities that exercise functions only in Wales, and

s. 20(6)(c)

the Secretary of State and the Welsh Ministers acting jointly in relation to risk management authorities that exercise functions in both England and Wales.

s. 21 — Lead local authorities: duty to maintain a register
s. 21(1)

A lead local flood authority must establish and maintain—

s. 21(1)(a)

a register of structures or features which, in the opinion of the authority, are likely to have a significant effect on a flood risk in its area, and

s. 21(1)(b)

a record of information about each of those structures or features, including information about ownership and state of repair.

s. 21(2)

The Minister may by regulations make provision about the content of the register and record.

s. 21(3)

The lead local flood authority must arrange for the register to be available for inspection at all reasonable times.

s. 21(4)

The Minister may by regulations provide for information of a specified description to be excluded from the register or record.

s. 21(5)

In this section, “the Minister” means—

s. 21(5)(a)

the Secretary of State in relation to authorities in England, and

s. 21(5)(b)

the Welsh Ministers in relation to authorities in Wales.

4. Regional Flood and Coastal Committees for regions in England

s. 22 — Establishment
s. 22(1)

The Environment Agency—

s. 22(1)(a)

must divide England ... into regions for the purposes of this section,

s. 22(1)(b)

must establish a Regional Flood and Coastal Committee for each region

s. 22(1)(c)

...

s. 22(2)

The Secretary of State may by regulations—

s. 22(2)(a)

specify the procedure to be followed by the Agency in exercising its functions under subsection (1)(a) (which may include provision about revision, consultation and appeals);

s. 22(2)(b)

make transitional provision with respect to the establishment of Regional Flood and Coastal Committees in place of regional flood defence committees.

s. 22(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 23 — Consultation and consent
s. 23(1)

The Environment Agency must—

s. 23(1)(a)

consult each Regional Flood and Coastal Committee about the way in which the Agency proposes to carry out its flood and coastal erosion risk management functions in relation to the Committee's region, and

s. 23(1)(b)

take into account any representations (whether made in response to a consultation or otherwise) made by the Committee about the exercise of the Agency's flood and coastal erosion risk management functions in that region.

s. 23(2)

The Agency may not implement the regional programme without the consent of the Regional Flood and Coastal Committee for the region concerned.

s. 23(3)

The Agency may not issue a levy under section 17 to a lead local flood authority without the consent of the Regional Flood and Coastal Committee for the region concerned.

s. 23(4)

The Agency may not spend revenue under section 118 of the Water Resources Act 1991 without the consent of the Regional Flood and Coastal Committee for the region in which the revenue is raised.

s. 24 — Membership

The Secretary of State may by regulations make provision about—

s. 24(a)

the number of members of a Regional Flood and Coastal Committee,

s. 24(b)

conditions of eligibility for appointment,

s. 24(c)

the method of selection and appointment of the members (including who is to appoint them), and

s. 24(d)

the proceedings of a Committee (including provision about (i) quorum, and (ii) the nature and extent of a majority required for specified purposes).

s. 25 — Money
s. 25(1)

The Secretary of State may direct the Environment Agency to pay to or in respect of persons who chair or have chaired Regional Flood and Coastal Committees—

s. 25(1)(a)

remuneration,

s. 25(1)(b)

allowances,

s. 25(1)(c)

sums by way of or in respect of pension, and

s. 25(1)(d)

compensation, if the Secretary of State thinks that a person who ceases to chair a Committee should, because of special circumstances, receive compensation.

s. 25(2)

The Agency may pay allowances to members of Committees.

s. 25(3)

The Secretary of State may determine amounts or maximum amounts to be paid under this section.

s. 26 — “The Minister”

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 26A — “The appropriate agency”

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4A. Flood and Coastal Erosion Committee for Wales

s. 26B — Establishment and functions
s. 26B(1)

There is established a committee to be known as the Flood and Coastal Erosion Committee or Pwyllgor Llifogydd ac Erydu Arfordirol.

s. 26B(2)

The purpose of the Committee is to advise the Welsh Ministers on matters relating to flood and coastal erosion risk management.

s. 26B(3)

The Welsh Ministers may by regulations confer or impose additional functions on the Committee for any purpose connected with flood or coastal erosion risk management in Wales.

s. 26C — Constitution
s. 26C(1)

The Welsh Ministers may by regulations make provision about the membership of the Flood and Coastal Erosion Committee, including⁠—

s. 26C(1)(a)

the number of members,

s. 26C(1)(b)

conditions of eligibility for appointment, and

s. 26C(1)(c)

the method of selection and appointment of members (including who is to appoint them).

s. 26C(2)

The Welsh Ministers may by regulations make provision about the proceedings of the Committee, including—

s. 26C(2)(a)

quorum, and

s. 26C(2)(b)

the nature and extent of a majority required for specified purposes.

s. 26D — Payments relating to members
s. 26D(1)

The Welsh Ministers may by regulations make provision for the payment to or in respect of persons who chair or have chaired the Flood and Coastal Erosion Committee of—

s. 26D(1)(a)

remuneration;

s. 26D(1)(b)

allowances;

s. 26D(1)(c)

sums by way of or in respect of pension;

s. 26D(1)(d)

compensation for loss of office.

s. 26D(2)

The Welsh Ministers may by regulations make provision for the payment of allowances to members of the Committee.

s. 26D(3)

Regulations under this section—

s. 26D(3)(a)

must specify who is to make any payment for which the regulations make provision;

s. 26D(3)(b)

may make provision about the circumstances in which a payment is to be made;

s. 26D(3)(c)

may determine, or provide for the determination of, the amount or maximum amount of a payment.

5. General

s. 27 — Sustainable development
s. 27(1)

In exercising a flood or coastal erosion risk management function, an authority listed in subsection (3) must aim to make a contribution towards the achievement of sustainable development.

s. 27(2)

The Minister must issue guidance about how authorities are to discharge the duty under subsection (1) (including guidance about the meaning of sustainable development); and the authorities must have regard to the guidance.

s. 27(3)

The authorities are—

s. 27(3)(a)

lead local flood authorities,

s. 27(3)(b)

district councils,

s. 27(3)(c)

internal drainage boards, and

s. 27(3)(d)

highway authorities.

s. 27(4)

In this section “flood risk management function” means (in place of the definition in section 4) any of the following functions which may be exercised by an authority listed in subsection (3), in so far as it is or may be exercised for a purpose connected with flood risk management—

s. 27(4)(a)

a function under this Part,

s. 27(4)(b)

a function under the Land Drainage Act 1991,

s. 27(4)(c)

a function under section 100, 101, 110 or 339 of the Highways Act 1980, and

s. 27(4)(d)

any other function specified for the purposes of this section by order made by the Minister.

s. 27(5)

In this section “Minister” means—

s. 27(5)(a)

the Secretary of State, in relation to English authorities, and

s. 27(5)(b)

the Welsh Ministers, in relation to Welsh authorities.

s. 27(6)

For the purposes of subsection (5)—

s. 27(6)(a)

an “English authority” is—

s. 27(6)(a)(i)

a lead local flood authority, district council or highway authority for an area in England, and

s. 27(6)(a)(ii)

an internal drainage board for an internal drainage district that is wholly or mainly in England;

s. 27(6)(b)

a “Welsh authority” is—

s. 27(6)(b)(i)

a lead local flood authority or highway authority for an area in Wales, and

s. 27(6)(b)(ii)

an internal drainage board for an internal drainage district that is wholly or mainly in Wales.

s. 28 — Power to make further amendments
s. 28(1)

The Minister may by order amend an Act listed in subsection (2) if the Minister thinks the amendment necessary or desirable in consequence of this Part.

s. 28(2)

The Acts are—

s. 28(2)(a)

the Public Health Act 1936 (so far as relevant to water),

s. 28(2)(b)

the Coast Protection Act 1949,

s. 28(2)(c)

the Highways Act 1980 (so far as relevant to water),

s. 28(2)(d)

the Land Drainage Act 1991,

s. 28(2)(e)

the Water Resources Act 1991, and

s. 28(2)(f)

the Environment Act 1995.

s. 28(3)

In this section “the Minister” means—

s. 28(3)(a)

the Welsh Ministers, where the amendment—

s. 28(3)(a)(i)

relates to a matter in respect of which functions may be exercised by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Government, or

s. 28(3)(a)(ii)

would be within the legislative competence of the National Assembly for Wales if contained in an Act of the Assembly, and

s. 28(3)(b)

the Secretary of State, for all other purposes.

s. 28(4)

An order under this section may not be made unless a draft has been laid before and approved by resolution of—

s. 28(4)(a)

each House of Parliament, in the case of an order made by the Secretary of State, and

s. 28(4)(b)

the National Assembly for Wales, in the case of an order made by the Welsh Ministers.

s. 29 — Restructuring
s. 29(1)

The Minister may by order transfer responsibilities of lead local flood authorities, district councils or internal drainage boards in respect of flood risk and coastal erosion risk to risk management authorities or other bodies.

s. 29(2)

An order may in particular—

s. 29(2)(a)

amend the definition of risk management authority in section 6;

s. 29(2)(b)

reassign a flood risk management function;

s. 29(2)(c)

reassign a coastal erosion risk management function.

s. 29(3)

An order may amend this Act or another enactment.

s. 29(4)

Before making an order the Minister must consult the bodies that would be affected by it.

s. 29(5)

An order under this section may not be made unless a draft has been laid before and approved by resolution of—

s. 29(5)(a)

each House of Parliament, in the case of an order made by the Secretary of State, or

s. 29(5)(b)

the National Assembly for Wales, in the case of an order made by the Welsh Ministers.

s. 29(6)

In this section “the Minister” means—

s. 29(6)(a)

the Secretary of State in relation to English risk management authorities and other bodies with responsibilities in relation to England, and

s. 29(6)(b)

the Welsh Ministers in relation to Welsh risk management authorities and other bodies with responsibilities in relation to Wales.

s. 30 — Designation of features

Schedule 1 (designation of features) shall have effect.

s. 31 — Amendment of other Acts

Schedule 2 (which amends other Acts in connection with this Part) shall have effect.

Part 2

Miscellaneous

s. 32 — Sustainable drainage

Schedule 3 (sustainable drainage) shall have effect.

s. 33 — Reservoirs

Schedule 4 (reservoirs) shall have effect.

s. 34 — Special administration

Schedule 5 (special administration) shall have effect.

s. 35 — Provision of infrastructure
s. 35(1)

After section 36 of the Water Industry Act 1991 insert—

s. 35(2)

In section 213(1) of the Water Industry Act 1991 (regulations) for “or 17D(8)” substitute “ , 17D(8), 36A ”.

s. 36 — Water use: temporary bans

For section 76 of the Water Industry Act 1991 (temporary hosepipe bans) substitute—

s. 37 — Civil sanctions
s. 37(1)

An order under Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (civil sanctions) which makes provision about offences under the Acts listed in subsection (2) may include provision about offences inserted, amended or affected by this Act.

s. 37(2)

Those Acts are—

s. 37(2)(a)

the Coast Protection Act 1949,

s. 37(2)(b)

the Reservoirs Act 1975,

s. 37(2)(c)

the Land Drainage Act 1991,

s. 37(2)(d)

the Water Industry Act 1991, and

s. 37(2)(e)

the Water Resources Act 1991.

s. 38 — Incidental flooding or coastal erosion: appropriate agency
s. 38(1)

If Conditions 1, 2 and 3 are satisfied the appropriate agency may carry out work of a kind listed in section 3(3)(a) to (e) in a way that will or may cause—

s. 38(1)(a)

flooding,

s. 38(1)(b)

an increase in the amount of water below the ground, or

s. 38(1)(c)

coastal erosion.

s. 38(2)

Condition 1 is that the appropriate agency considers the work in the interests of—

s. 38(2)(a)

nature conservation (including conservation of the landscape),

s. 38(2)(b)

preservation of cultural heritage, or

s. 38(2)(c)

people's enjoyment of the environment or of cultural heritage.

s. 38(3)

Condition 2 is that the appropriate agency considers the benefits of the work will outweigh the harmful consequences for matters listed in section 2(4)(a) to (d).

s. 38(4)

Condition 3 is that the appropriate agency has consulted—

s. 38(4)(za)

the other appropriate agency, if—

s. 38(4)(za)(i)

the work is carried out in its area, or

s. 38(4)(za)(ii)

consequences of the kinds listed in subsection (1) are likely to occur in its area,

s. 38(4)(a)

the lead local flood authority for the area in which the work is to be carried out,

s. 38(4)(b)

the district council (if any) for that area,

s. 38(4)(c)

the internal drainage board (if any) for that area, and

s. 38(4)(d)

persons who own or occupy land that, in the opinion of the appropriate agency, is likely to be directly affected by the work.

s. 38(5)

In carrying out work in reliance on this section, the appropriate agency must have regard to—

s. 38(5)(a)

the national flood and coastal erosion risk management strategies under sections 7 and 8,

s. 38(5)(b)

any guidance issued under those sections,

s. 38(5)(c)

the local flood risk management strategy under section 9 or 10 for the area concerned, and

s. 38(5)(d)

any guidance issued under those sections by the lead local flood authority for the area concerned.

s. 38(6)

The Agency may arrange for work to be carried out in reliance on this section on the appropriate agency's behalf by—

s. 38(6)(a)

a lead local flood authority,

s. 38(6)(b)

a district council, or

s. 38(6)(c)

an internal drainage board.

s. 38(7)

Subsection (1) may be relied on to carry out work whether or not it forms part of the exercise of other powers; but nothing in subsection (1) restricts the powers of the appropriate agency under another enactment.

s. 38(8)

The Minister must by order apply to this section (with or without modifications) provisions of the Water Resources Act 1991 about—

s. 38(8)(a)

compulsory purchase,

s. 38(8)(b)

powers of entry, and

s. 38(8)(c)

compensation.

s. 38(9)

An order under subsection (8) may not be made unless a draft has been laid before and approved by resolution of—

s. 38(9)(a)

each House of Parliament, in the case of an order made by the Secretary of State, or

s. 38(9)(b)

the National Assembly for Wales, in the case of an order made by the Welsh Ministers.

s. 38(10)

In this section “the Minister” means—

s. 38(10)(a)

the Secretary of State in relation to England, and

s. 38(10)(b)

the Welsh Ministers in relation to Wales.

s. 38(10A)

In this section—“the appropriate agency” means—the Environment Agency, in relation to work for the benefit of England, and the Natural Resources Body for Wales, in relation to work for the benefit of Wales;“area”, in relation to an appropriate agency, means—in the case of the Environment Agency, England, and in the case of the Natural Resources Body for Wales, Wales.

s. 38(11)

Other expressions in this section have the same meaning as in Part 1.

s. 39 — Incidental flooding or coastal erosion: local authorities
s. 39(1)

If Conditions 1 to 4 are satisfied a local authority may carry out work of a kind listed in section 3(3)(a) to (e) in a way that will or may cause—

s. 39(1)(a)

flooding,

s. 39(1)(b)

an increase in the amount of water below the ground, or

s. 39(1)(c)

coastal erosion.

s. 39(2)

Condition 1 is that the authority considers the work in the interests of—

s. 39(2)(a)

nature conservation (including conservation of the landscape),

s. 39(2)(b)

preservation of cultural heritage, or

s. 39(2)(c)

people's enjoyment of the environment or of cultural heritage.

s. 39(3)

Condition 2 is that the authority considers the benefits of the work will outweigh the harmful consequences for matters listed in section 2(4)(a) to (d).

s. 39(4)

Condition 3 is that—

s. 39(4)(a)

the authority has consulted the appropriate agency, and

s. 39(4)(b)

if the work affects a main river, the appropriate agency has consented to it.

s. 39(5)

Condition 4 is that the authority has consulted—

s. 39(5)(a)

any other local authority whose area may be affected by the work, and

s. 39(5)(b)

other persons who own or occupy land that, in the opinion of the authority, is likely to be directly affected by the work.

s. 39(6)

In this section “local authority” means—

s. 39(6)(a)

a lead local flood authority,

s. 39(6)(b)

a district council for an area for which there is no unitary authority, and

s. 39(6)(c)

an internal drainage board.

s. 39(7)

In carrying out work in reliance on this section, an authority must have regard to—

s. 39(7)(a)

the national flood and coastal erosion risk management strategies under sections 7 and 8,

s. 39(7)(b)

any guidance issued under those sections,

s. 39(7)(c)

the local flood risk management strategy under section 9 or 10 for the area concerned, and

s. 39(7)(d)

any guidance issued under those sections by the lead local flood authority for the area concerned.

s. 39(8)

An authority may arrange for work to be carried out in reliance on this section on its behalf by—

s. 39(8)(a)

the appropriate agency, or

s. 39(8)(b)

another local authority.

s. 39(9)

Subsection (1) may be relied on to carry out work whether or not it forms part of the exercise of other powers; but nothing in subsection (1) restricts the powers of an authority under another enactment.

s. 39(10)

The Environment Agency may make grants (which may be subject to conditions, including conditions as to repayment) to local authorities in England in respect of work carried out in reliance on this section.

s. 39(11)

The Welsh Ministers may make grants (which may be subject to conditions, including conditions as to repayment) to local authorities in Wales in respect of work carried out in reliance on this section.

s. 39(12)

The Minister must by order apply to this section (with or without modifications) provisions of the Water Resources Act 1991 about—

s. 39(12)(a)

compulsory purchase,

s. 39(12)(b)

powers of entry, and

s. 39(12)(c)

compensation.

s. 39(13)

An order under subsection (12) may not be made unless a draft has been laid before and approved by resolution of—

s. 39(13)(a)

each House of Parliament, in the case of an order made by the Secretary of State, or

s. 39(13)(b)

the National Assembly for Wales, in the case of an order made by the Welsh Ministers.

s. 39(14)

In this section “the Minister” means—

s. 39(14)(a)

the Secretary of State in relation to England, and

s. 39(14)(b)

the Welsh Ministers in relation to Wales.

s. 39(14A)

In this section, “the appropriate agency” means—

s. 39(14A)(a)

the Environment Agency, in relation to work in England, and

s. 39(14A)(b)

the Natural Resources Body for Wales in relation to work in Wales.

s. 39(15)

Other expressions in this section have the same meaning as in Part 1.

s. 40 — Building regulations: flood resistance
s. 40(1)

After paragraph 8(5) of Schedule 1 to the Building Act 1984 (building regulations: application to buildings erected before the regulations come into force) insert—

s. 40(2)

In paragraph 8(6) of that Schedule after “sub-paragraph (5)” insert “ or (5A) ”.

s. 41 — Compulsory works orders
s. 41(1)

The amendments made to section 167(1) of the Water Industry Act 1991 (compulsory works orders) by paragraph 50 of Schedule 2 to the Planning Act 2008 (amendments consequential on the development consent regime) shall cease to have effect.

s. 41(2)

Instead, after section 167(2) insert—

s. 41(3)

The amendment made by subsection (2) does not prevent anything being done by the Welsh Ministers (as a result of a transfer of functions under or by virtue of the Government of Wales Act 1998 or 2006).

s. 42 — Agreements on new drainage systems
s. 42(1)

After section 106A of the Water Industry Act 1991 (sustainable drainage - inserted by Schedule 3 to this Act) insert—

s. 42(2)

For section 105(2) of the Water Industry Act 1991 (appeals: s.104 agreements) substitute—

s. 42(3)

At the end of section 104 of that Act (agreement to adopt) add—

s. 42(4)

At the end of section 112 (requirement that proposed drain or sewer be constructed so as to form part of general system) add—

s. 43 — Drainage: concessionary charges for community groups
s. 43(1)

An undertaker's charges scheme under section 143 of the Water Industry Act 1991 may include provision designed to reduce charges to community groups in respect of surface water drainage from their property.

s. 43(2)

Each undertaker may determine—

s. 43(2)(a)

whether to include provision in reliance on subsection (1);

s. 43(2)(b)

which classes of community group to benefit;

s. 43(2)(c)

what constitutes a community group (provided that the class is restricted to bodies that in the undertaker's opinion provide benefit to the local community);

s. 43(2)(d)

what reduction to allow (subject to subsection (3));

s. 43(2)(e)

different reductions for different classes of community group.

s. 43(3)

A reduction may not reduce a charge to nil, and must result in the application of a band or charge used for general purposes of the section 143 scheme.

s. 43(4)

For the purpose of subsection (2)(c) a benefit to the local community may—

s. 43(4)(a)

be provided voluntarily, in the exercise of statutory functions or otherwise;

s. 43(4)(b)

be provided exclusively to the local community or to the local community as well as to a wider class or area;

s. 43(4)(c)

consist of or relate to the provision of (i) youth groups or community centres, (ii) places of worship or other religious facilities, (iii) recreational, cultural, social or sporting facilities, or (iv) a benefit of any other kind.

s. 43(5)

Undertakers and the Water Services Regulation Authority shall have regard to any guidance issued by the Minister in respect of any aspect of subsections (2) to (4).

s. 43(6)

“The Minister” means—

s. 43(6)(a)

in the case of an undertaker whose area is wholly or mainly in England, the Secretary of State, and

s. 43(6)(b)

in the case of an undertaker whose area is wholly or mainly in Wales, the Welsh Ministers.

s. 44 — Social tariffs
s. 44(1)

An undertaker's charges scheme under section 143 of the Water Industry Act 1991 may include provision designed to reduce charges for individuals who would have difficulty paying in full.

s. 44(2)

Subsection (1) includes schemes which have the effect of subsidisation by other persons.

s. 44(3)

The Water Services Regulation Authority's powers under the Water Industry Act 1991 in connection with undertakers' charges schemes under section 143 of that Act are subject to subsections (1) and (2).

s. 44(4)

The Minister must issue guidance in respect of subsections (1) and (2) which must, in particular, include factors to be taken into account in deciding whether one group of customers should subsidise another; for which purpose the Minister shall have regard to the need to balance the desirability of helping individuals who would have difficulty paying in full with the interests of other customers.

s. 44(5)

Undertakers and the Authority shall have regard to any guidance issued by the Minister under subsection (4).

s. 44(6)

“The Minister” means—

s. 44(6)(a)

in the case of an undertaker whose area is wholly or mainly in England, the Secretary of State, and

s. 44(6)(b)

in the case of an undertaker whose area is wholly or mainly in Wales, the Welsh Ministers.

s. 45 — Water and sewerage charges: non-owner occupiers
s. 45(1)

After section 144B of the Water Industry Act 1991 (charges: charging by volume) insert—

s. 45(2)

Transitional provision of an order commencing this section may, in particular, provide for application of the duty in new section 144C(2) to depend on service of a notice by an undertaker.

s. 46 — Abolition of Fisheries Committee (Scotland)
s. 46(1)

The Fisheries Committee appointed under section 5(2) of the Electricity (Scotland) Act 1979 (and continued in existence by paragraph 5 of Schedule 9 to the Electricity Act 1989) is abolished.

s. 46(2)

In Part 2 of Schedule 1A to the Race Relations Act 1976 (bodies and other persons subject to general statutory duty) omit the entry relating to the Fisheries (Electricity) Committee.

s. 46(3)

In Schedule 9 to the Electricity Act 1989 (preservation of amenity and fisheries) omit paragraph 5.

s. 46(4)

In Schedule 2 to the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (specified authorities) omit the entry relating to the Fisheries (Electricity) Committee.

s. 46(5)

In Part 7 of Schedule 1 to the Freedom of Information (Scotland) Act 2002 (other Scottish public authorities) omit paragraph 65.

Part 3

General

s. 47 — Pre-consolidation amendments
s. 47(1)

The Secretary of State may by order amend a water Act—

s. 47(1)(a)

to eliminate differences between two or more provisions (whether or not of the same Act);

s. 47(1)(b)

to simplify procedure;

s. 47(1)(c)

to correct errors or resolve obscurity.

s. 47(2)

The Secretary of State may make an order only if satisfied that—

s. 47(2)(a)

it will make it easier to consolidate one or more water Acts, and

s. 47(2)(b)

the substantive effect of the change (if any) is proportionate to the advantage to be gained by consolidating the legislation and does not remove any protection.

s. 47(3)

The water Acts are—

s. 47(3)(a)

this Act,

s. 47(3)(b)

the Public Health Act 1936 (so far as relevant to water),

s. 47(3)(c)

the Coast Protection Act 1949,

s. 47(3)(d)

the Reservoirs Act 1975,

s. 47(3)(e)

the Highways Act 1980 (so far as relevant to water),

s. 47(3)(f)

the Land Drainage Act 1991,

s. 47(3)(g)

the Water Industry Act 1991,

s. 47(3)(h)

the Water Resources Act 1991, and

s. 47(3)(i)

the Environment Act 1995 (so far as relevant to water).

s. 47(4)

An order may, in particular, aim to standardise provisions relating to—

s. 47(4)(a)

appeals;

s. 47(4)(b)

compulsory purchase;

s. 47(4)(c)

rights of entry;

s. 47(4)(d)

compensation.

s. 47(5)

An order under this section may not be made unless—

s. 47(5)(a)

the Welsh Ministers have consented to the making of the order,

s. 47(5)(b)

a draft has been laid before and approved by resolution of each House of Parliament, and

s. 47(5)(c)

a Bill for consolidating the enactments amended by the order (with or without other enactments) has been presented to either House of Parliament.

s. 47(6)

A draft laid under subsection (5) must be accompanied by an explanation of—

s. 47(6)(a)

the effect of any changes made, and

s. 47(6)(b)

how they will make consolidation easier.

s. 48 — Subordinate legislation
s. 48(1)

In this section “subordinate legislation” means regulations and orders under this Act.

s. 48(2)

Subordinate legislation—

s. 48(2)(a)

may apply generally or only for specified purposes,

s. 48(2)(b)

may make different provision for different purposes, and

s. 48(2)(c)

may include incidental, consequential or transitional provision.

s. 48(3)

Subordinate legislation shall be made by statutory instrument.

s. 48(4)

Subordinate legislation made by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.

s. 48(5)

Subordinate legislation made by the Welsh Ministers shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.

s. 48(6)

But subsections (4) and (5) do not apply—

s. 48(6)(a)

where an alternative procedure is expressly provided, or

s. 48(6)(b)

to orders under section 49.

s. 49 — Technical provision
s. 49(1)

This Act binds the Crown; but—

s. 49(1)(a)

nothing in this Act affects (i) Her Majesty in Her private capacity, or (ii) land in which there is an interest which belongs to Her Majesty in right of the Crown or of the Duchy of Lancaster, or to the Duchy of Cornwall, and

s. 49(1)(b)

subject to paragraph (a), section 221(2) to (8) of the Water Industry Act 1991 (Crown application) apply to this Act (for which purpose section 221(6) applies to all powers under this Act).

s. 49(2)

There shall be paid out of money provided by Parliament—

s. 49(2)(a)

any expenditure incurred under or by virtue of this Act by the Secretary of State, and

s. 49(2)(b)

any increase attributable to this Act in the sums payable under any other Act out of money so provided.

s. 49(3)

This Act comes into force as follows—

s. 49(3)(a)

sections 22(1)(a), 28, 29, 34 (and Schedule 5), 41, 46 and paragraph 43 of Schedule 4 come into force in accordance with provision made by order of the Secretary of State,

s. 49(3)(b)

section 22(1)(b) and (2) and sections 23 to 26, so far as they relate to English Committees, come into force in accordance with provision made by order of the Secretary of State,

s. 49(3)(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 49(3)(d)

sections 35, 36 and 42 to 45, so far as they relate to water or sewerage undertakers whose areas are wholly or mainly in England, come into force in accordance with provision made by order of the Secretary of State,

s. 49(3)(e)

sections 35, 36 and 42 to 45, so far as they relate to water or sewerage undertakers whose areas are wholly or mainly in Wales, come into force in accordance with provision made by order of the Welsh Ministers,

s. 49(3)(f)

section 37, so far as it relates to orders made by a Minister of the Crown under Part 3 of the Regulatory Enforcement and Sanctions Act 2008, comes into force in accordance with provision made by order of the Secretary of State,

s. 49(3)(g)

section 37, so far as it relates to orders made by the Welsh Ministers under Part 3 of the Regulatory Enforcement and Sanctions Act 2008, comes into force in accordance with provision made by order of the Welsh Ministers,

s. 49(3)(h)

other provisions of Parts 1 and 2 come into force in relation to England in accordance with provision made by order of the Secretary of State,

s. 49(3)(i)

other provisions of Parts 1 and 2 come into force in relation to Wales in accordance with provision made by order of the Welsh Ministers,

s. 49(3)(j)

section 47 comes into force on a day specified by order of the Secretary of State, and

s. 49(3)(k)

section 48 and this section come into force on Royal Assent.

s. 49(4)

An order under subsection (3) may, in particular, provide for experimental staged commencement by reference to specified areas or other criteria.

s. 49(5)

This Act extends only to England and Wales, except that—

s. 49(5)(a)

section 46(1) extends to Scotland only,

s. 49(5)(b)

the amendments in section 46(2) to (5) have the same extent as the provisions amended,

s. 49(5)(c)

paragraph 43 of Schedule 4 extends to England and Wales and Scotland, and

s. 49(5)(d)

section 48 and this section extend to Scotland in their application to a provision mentioned in paragraphs (a) to (c).

s. 49(6)

An amendment by this Act of another Act does not prevent the continued operation of any transfer of functions by or by virtue of the Government of Wales Act 1998 or 2006; and—

s. 49(6)(a)

this subsection applies irrespective of whether the amendment amends an existing function or confers a new function,

s. 49(6)(b)

if and to the extent that the amendment creates a new function replacing or similar to a function that has been transferred to the Welsh Ministers by or by virtue of those Acts, the new function is to be treated as having been transferred in the same way as the old,

s. 49(6)(c)

a provision made by or by virtue of either of those Acts in respect of a function amended or replaced by this Act (such as a provision about laying documents before the National Assembly for Wales instead of before Parliament) continues to apply to the provision as amended or replaced, and

s. 49(6)(d)

a transfer by or by virtue of those Acts in respect of a provision applied by subsection (1)(b) above has effect in relation to the provision as applied.

s. 49(7)

This Act may be cited as the Flood and Water Management Act 2010.

Sch 1

Risk Management: Designation of Features

“Designating authority”

Sch 1 para 1

In this Schedule “designating authority” means—

Sch 1 para 1(a)

the Environment Agency,

Sch 1 para 1(aa)

the Natural Resources Body for Wales,

Sch 1 para 1(b)

a lead local flood authority,

Sch 1 para 1(c)

a district council (whether or not it is a lead local flood authority), and

Sch 1 para 1(d)

an internal drainage board.

“Responsible authority”

Sch 1 para 2
Sch 1 para 2(1)

The responsible authority in relation to a structure or feature designated under this Schedule is the authority which made the designation, unless sub-paragraph (2) applies.

Sch 1 para 2(2)

If an authority has adopted a designation in accordance with sub-paragraph (3), the responsible authority in relation to the designated structure or feature is the adopting authority.

Sch 1 para 2(3)

A designating authority may adopt a designation if—

Sch 1 para 2(3)(a)

the authority which made the designation no longer has relevant functions,

Sch 1 para 2(3)(b)

the authority proposing to adopt the designation has relevant functions, and

Sch 1 para 2(3)(c)

the designation has not already been adopted by another authority.

Sch 1 para 2(4)

In sub-paragraph (3) “relevant functions” means flood or coastal erosion risk management functions which may be affected by the existence or location of the designated structure or feature.

“Owner”

Sch 1 para 3

In this Schedule “owner” in relation to anything which is or may be designated means—

Sch 1 para 3(a)

the owner of the land on or in which the structure or feature is situated, or

Sch 1 para 3(b)

if different, the person responsible for managing or controlling the structure or feature.

Designation

Sch 1 para 4
Sch 1 para 4(1)

If the following conditions are satisfied, a designating authority may designate for the purposes of this Schedule—

Sch 1 para 4(1)(a)

a structure, or

Sch 1 para 4(1)(b)

a natural or man-made feature of the environment.

Sch 1 para 4(2)

Condition 1 is that the designating authority thinks the existence or location of the structure or feature affects—

Sch 1 para 4(2)(a)

a flood risk, or

Sch 1 para 4(2)(b)

a coastal erosion risk.

Sch 1 para 4(3)

Condition 2 is that the designating authority has flood or coastal erosion risk management functions in respect of the risk which is affected.

Sch 1 para 4(4)

Condition 3 is that the structure or feature is not designated by another authority for the purposes of this Schedule.

Sch 1 para 4(5)

Condition 4 is that the owner of the structure or feature is not a designating authority.

Effect of designation

Sch 1 para 5
Sch 1 para 5(1)

A person may not alter, remove or replace a designated structure or feature without the consent of the responsible authority.

Sch 1 para 5(2)

A designation is a local land charge.

Sch 1 para 6
Sch 1 para 6(1)

The responsible authority may by notice given to the owner—

Sch 1 para 6(1)(a)

consent to specified alterations, or alterations of a specified kind, to a designated structure or feature;

Sch 1 para 6(1)(b)

vary or withdraw consent under paragraph (a) (but not retrospectively).

Sch 1 para 6(2)

The responsible authority may by notice given to the owner consent to the removal or replacement of a designated structure or feature.

Sch 1 para 6(3)

The authority may give notice under sub-paragraph (1) or (2)—

Sch 1 para 6(3)(a)

on the application of the owner, or

Sch 1 para 6(3)(b)

if it otherwise thinks it appropriate.

Sch 1 para 6(4)

Consent may be—

Sch 1 para 6(4)(a)

general or specific;

Sch 1 para 6(4)(b)

absolute or conditional.

Sch 1 para 6(4A)

Before exercising a function under this paragraph in relation to an alteration, removal or replacement which may affect a flood or coastal erosion risk in Wales, the Environment Agency must consult the Natural Resources Body for Wales.

Sch 1 para 6(4B)

Before exercising a function under this paragraph in relation to an alteration, removal or replacement which may affect a flood or coastal erosion risk in England, the Natural Resources Body for Wales must consult the Environment Agency.

Sch 1 para 6(5)

The responsible authority may refuse to give consent applied for under sub-paragraph (3)(a) only on the ground that, in the authority's opinion, the proposed alteration, removal or replacement would affect a flood risk or a coastal erosion risk.

Provisional designation notice: procedure

Sch 1 para 7
Sch 1 para 7(1)

A designating authority may make a provisional designation by giving notice to the owner.

Sch 1 para 7(2)

The notice must specify—

Sch 1 para 7(2)(a)

the structure or feature to be provisionally designated,

Sch 1 para 7(2)(b)

the date on which the provisional designation takes effect,

Sch 1 para 7(2)(c)

the reasons for the provisional designation,

Sch 1 para 7(2)(d)

how representations to the responsible authority may be made, and

Sch 1 para 7(2)(e)

the period within which representations may be made.

Sch 1 para 7(3)

The period specified in the notice under sub-paragraph (2)(e) must be a period of at least 28 days beginning with the date of the notice.

Sch 1 para 7(4)

A provisional designation ceases to have effect at the end of the period of 60 days beginning with the date of the notice, unless it is confirmed under paragraph 8.

Sch 1 para 7(5)

The following paragraphs apply in relation to a provisional designation as they apply in relation to a designation: paragraphs 5(1), 6 and 9 to 14.

Designation notice: procedure

Sch 1 para 8
Sch 1 para 8(1)

A designating authority may make a designation by giving notice confirming a provisional designation to the owner.

Sch 1 para 8(2)

In deciding whether to confirm a provisional designation the authority must have regard to any representations made in accordance with paragraph 7.

Sch 1 para 8(3)

A notice under sub-paragraph (1) may not be given—

Sch 1 para 8(3)(a)

before the end of the period specified in the provisional notice under paragraph 7(2)(e) within which representations may be made;

Sch 1 para 8(3)(b)

after the end of the period of 60 days beginning with the date of the provisional notice.

Sch 1 para 8(4)

The notice must—

Sch 1 para 8(4)(a)

specify the provisional notice to which it relates,

Sch 1 para 8(4)(b)

specify the structure or feature to be designated,

Sch 1 para 8(4)(c)

specify the reasons for the designation,

Sch 1 para 8(4)(d)

give information about the procedure for bringing an appeal under regulations under paragraph 15, and

Sch 1 para 8(4)(e)

specify the period within which an appeal may be brought.

Cancellation

Sch 1 para 9
Sch 1 para 9(1)

The responsible authority may cancel a designation by giving notice to that effect to the owner.

Sch 1 para 9(2)

The authority may give notice under sub-paragraph (1)—

Sch 1 para 9(2)(a)

on the application of the owner, or

Sch 1 para 9(2)(b)

if it otherwise thinks cancellation appropriate.

Sch 1 para 9(3)

The notice must specify—

Sch 1 para 9(3)(a)

the designated structure or feature,

Sch 1 para 9(3)(b)

the date on which the cancellation takes effect, and

Sch 1 para 9(3)(c)

the reasons for the cancellation.

Notice to other authorities

Sch 1 para 10
Sch 1 para 10(1)

This paragraph applies where an authority—

Sch 1 para 10(1)(a)

makes a designation, or

Sch 1 para 10(1)(b)

cancels a designation.

Sch 1 para 10(2)

The authority must notify any other designating authority which it thinks may have an interest in the designation or cancellation.

Enforcement notice

Sch 1 para 11
Sch 1 para 11(1)

If a person contravenes paragraph 5(1) the responsible authority may give an enforcement notice.

Sch 1 para 11(2)

The notice may be given to—

Sch 1 para 11(2)(a)

the person who contravened paragraph 5(1), or

Sch 1 para 11(2)(b)

the owner of the designated structure or feature.

Sch 1 para 11(3)

The notice must direct the recipient to take specified steps, within a specified period, to remedy the contravention.

Sch 1 para 11(4)

If a person (P) fails to comply with an enforcement notice—

Sch 1 para 11(4)(a)

P commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale,

Sch 1 para 11(4)(b)

the responsible authority may authorise a person to take the steps specified in the notice,

Sch 1 para 11(4)(c)

the responsible authority may require P to pay expenses incurred under paragraph (b), and

Sch 1 para 11(4)(d)

payment required under paragraph (c) is recoverable as a debt.

Emergency powers

Sch 1 para 12
Sch 1 para 12(1)

This paragraph applies if—

Sch 1 para 12(1)(a)

a person has contravened paragraph 5(1), and

Sch 1 para 12(1)(b)

the responsible authority thinks the contravention may immediately and materially increase or alter a flood risk or coastal erosion risk.

Sch 1 para 12(2)

The authority may—

Sch 1 para 12(2)(a)

act to remedy the contravention without giving an enforcement notice,

Sch 1 para 12(2)(b)

require the owner to pay the expenses of that action, and

Sch 1 para 12(2)(c)

recover the expenses as a debt.

Powers of entry

Sch 1 para 13
Sch 1 para 13(1)

A person authorised by the responsible authority may at any reasonable time enter land—

Sch 1 para 13(1)(a)

to determine whether a person has contravened paragraph 5(1),

Sch 1 para 13(1)(b)

to determine whether a person has complied with an enforcement notice,

Sch 1 para 13(1)(c)

to take steps specified in accordance with paragraph 11(4), or

Sch 1 para 13(1)(d)

to act in accordance with paragraph 12(2).

Sch 1 para 13(2)

A person authorised by a designating authority may at any reasonable time enter land for the purpose of determining whether a structure or feature may be designated by the authority under paragraph 4.

Sch 1 para 13(3)

A person may not demand entry to land which is occupied unless—

Sch 1 para 13(3)(a)

at least 7 days' notice has been given to the occupier, specifying the purpose for which entry is required, or

Sch 1 para 13(3)(b)

the entry is for the purpose mentioned in sub-paragraph (1)(d).

Sch 1 para 13(4)

A person seeking to enter land under this paragraph must on request produce evidence of authorisation.

Sch 1 para 13(5)

It is an offence to obstruct a person entitled to enter land under this paragraph.

Sch 1 para 13(6)

A person guilty of an offence under sub-paragraph (5) is liable—

Sch 1 para 13(6)(a)

on conviction on indictment, to imprisonment for a term not exceeding 2 years, to a fine or to both, or

Sch 1 para 13(6)(b)

on summary conviction, to a fine not exceeding the statutory maximum.

Compensation for owners and third parties

Sch 1 para 14
Sch 1 para 14(1)

The relevant authority must pay compensation if, as a result of the exercise of the powers conferred by paragraph 13, a person (P)—

Sch 1 para 14(1)(a)

incurs loss as a result of anything done on P's land, or

Sch 1 para 14(1)(b)

is disturbed in the enjoyment of P's land.

Sch 1 para 14(2)

But compensation is not payable to P if Condition 1 or 2 is satisfied.

Sch 1 para 14(3)

Condition 1 is that—

Sch 1 para 14(3)(a)

the loss or disturbance is the result of the reasonable exercise of powers conferred by paragraph 13(1)(a) or (d), and

Sch 1 para 14(3)(b)

P has contravened paragraph 5(1).

Sch 1 para 14(4)

Condition 2 is that—

Sch 1 para 14(4)(a)

the loss or disturbance is the result of the reasonable exercise of powers conferred by paragraph 13(1)(b) or (c), and

Sch 1 para 14(4)(b)

P has failed to comply with an enforcement notice under paragraph 11.

Sch 1 para 14(5)

Compensation paid by an authority is to be treated as an expense incurred under paragraph 11(4)(b) or 12(2)(a) (if it is paid in respect of loss or disturbance resulting from the exercise of powers under paragraph 13(1)(c) or (d)).

Sch 1 para 14(6)

Disputes about compensation are to be determined by the Upper Tribunal.

Sch 1 para 14(7)

In this paragraph “relevant authority” means the authority that authorised the entry to land under paragraph 13(1) or (2).

Appeals

Sch 1 para 15
Sch 1 para 15(1)

The Minister must by regulations provide a right of appeal against—

Sch 1 para 15(1)(a)

designations,

Sch 1 para 15(1)(b)

a decision in connection with consent on an application under paragraph 6,

Sch 1 para 15(1)(c)

a refusal to cancel a designation on an application under paragraph 9, and

Sch 1 para 15(1)(d)

enforcement notices.

Sch 1 para 15(2)

The regulations must—

Sch 1 para 15(a)

confer jurisdiction on the Minister, a court or a tribunal, and

Sch 1 para 15(b)

make provision about procedure.

Sch 1 para 15(3)

Where an appeal against a designation is brought—

Sch 1 para 15(3)(a)

the designation continues to have effect while the appeal is pending;

Sch 1 para 15(3)(b)

the person hearing the appeal may cancel the designation.

Sch 1 para 15(4)

Where an appeal against an enforcement notice is brought—

Sch 1 para 15(4)(a)

the effect of the notice is suspended while the appeal is pending;

Sch 1 para 15(4)(b)

the person hearing the appeal may determine that the notice is to cease to have effect.

Sch 1 para 15(5)

The first sets of regulations may not be made unless a draft has been laid before and approved by resolution of—

Sch 1 para 15(5)(a)

each House of Parliament, in the case of the first regulations made by the Secretary of State, and

Sch 1 para 15(5)(b)

the National Assembly for Wales, in the case of the first regulations made by the Welsh Ministers.

Notices and applications

Sch 1 para 16

The Minister may by regulations make provision about—

Sch 1 para 16(a)

the form, content and method of service of a notice under this Schedule,

Sch 1 para 16(b)

the form and content of an application under this Schedule, and

Sch 1 para 16(c)

the procedure for determining an application.

“The Minister”

Sch 1 para 17
Sch 1 para 17(1)

This paragraph defines “the Minister” in this Schedule.

Sch 1 para 17(2)

In relation to designations of structures or features in England, “the Minister” means the Secretary of State.

Sch 1 para 17(3)

In relation to designations of structures or features in Wales, “the Minister” means the Welsh Ministers.

Sch 2

Risk Management: Amendment of Other Acts

Coast Protection Act 1949

Sch 2 para 1

The Coast Protection Act 1949 is amended as follows.

Sch 2 para 2

Section 2 (constitution of coast protection boards) is repealed.

Sch 2 para 3

After section 2 insert—

Sch 2 para 4
Sch 2 para 4(1)

Section 4 (general powers) is amended as follows.

Sch 2 para 4(2)

For subsection (1) substitute—

Sch 2 para 4(3)

Omit subsection (2).

Sch 2 para 4(4)

In subsection (3) for “coast protection authority” substitute “ coastal erosion risk management authority ”.

Sch 2 para 5
Sch 2 para 5(1)

Section 5 (coast protection work: objections and approvals) is amended as follows.

Sch 2 para 5(2)

In subsection (1)—

Sch 2 para 5(2)(a)

for “coast protection authority” substitute “ coastal erosion risk management authority ”,

Sch 2 para 5(2)(b)

for “area of the authority” substitute “ area in which the proposed work is to take place ”, and

Sch 2 para 5(2)(c)

for the words from “on the Environment Agency” to the end substitute “ on the persons listed in subsection (1A). ”

Sch 2 para 5(3)

After subsection (1) insert—

Sch 2 para 5(4)

In subsection (3) for “and on the authority” substitute “ , the authority proposing to carry out the work and, in the case of work proposed by a coast protection authority, the Environment Agency ”.

Sch 2 para 5(5)

In subsection (5)—

Sch 2 para 5(5)(a)

at the beginning insert “ In the case of work proposed by a coast protection authority, ” and

Sch 2 para 5(5)(b)

for “Minister” substitute “ Environment Agency ”.

Sch 2 para 5(6)

After subsection (5) insert—

Sch 2 para 5(7)

In subsection (6)—

Sch 2 para 5(7)(a)

for “coast protection authority”, in the first place where it occurs, substitute “ coastal erosion risk management authority ”,

Sch 2 para 5(7)(b)

for “the coast protection authority shall” substitute “ the authority shall ”,

Sch 2 para 5(7)(c)

in paragraph (a) for “where it is not represented on the coast protection authority” substitute “ (in the case of work carried out by a coast protection authority) ”, and

Sch 2 para 5(7)(d)

in paragraph (b) omit “which are not so represented and”.

Sch 2 para 6

In section 6 (power to make schemes for carrying out work) in subsection (1) for “coast protection authority” substitute “ coastal erosion risk management authority ”.

Sch 2 para 7
Sch 2 para 7(1)

In section 8(1) (confirmation of works schemes)—

Sch 2 para 7(1)(a)

for “coast protection authority” substitute “ coastal erosion risk management authority ”,

Sch 2 para 7(1)(b)

for “area of the authority” substitute “ area in which the proposed work is to take place ”, and

Sch 2 para 7(1)(c)

after “Environment Agency” insert “ (in the case of a scheme prepared by a coast protection authority) ”.

Sch 2 para 7(2)

In section 8(5) for “coast protection authority” substitute “ coastal erosion risk management authority ”.

Sch 2 para 8

In section 9 (carrying out of work) in subsection (4) for “coast protection authority” substitute “ coastal erosion risk management authority ”.

Sch 2 para 9

In section 10 (recovery of coast protection charges) in subsections (2), (5) and (8) for “coast protection authority” substitute “ coastal erosion risk management authority ”.

Sch 2 para 10

In section 12 (maintenance and repair) in subsections (1) and (3) for “coast protection authority” substitute “ coastal erosion risk management authority ”.

Sch 2 para 11

In section 13 (recovery of maintenance cost) in subsections (1), (3)(b), (4) and (6) for “coast protection authority” substitute “ coastal erosion risk management authority ”.

Sch 2 para 12
Sch 2 para 12(1)

Section 14 (compulsory acquisition of land) is amended as follows.

Sch 2 para 12(2)

In subsection (1)—

Sch 2 para 12(2)(a)

for “coast protection authority” insert “ coastal erosion risk management authority ”, and

Sch 2 para 12(2)(b)

omit from “Provided that” to the end.

Sch 2 para 12(3)

Omit subsection (2).

Sch 2 para 13

In section 19 (compensation for depreciation of value of an interest in land) in subsections (1) and (2) for “coast protection authority”, in each place, substitute “ coastal erosion risk management authority ”.

Sch 2 para 14

Section 20 (contributions towards expenses) is repealed.

Sch 2 para 15

Section 21 (grants to coast protection authorities) is repealed.

Sch 2 para 16

In section 23 (power to sell materials) in subsections (1) and (2) for “coast protection authority” substitute “ coastal erosion risk management authority ”.

Sch 2 para 17

In section 24 (arbitrations) in subsection (3) for “coast protection authority” substitute “ coastal erosion risk management authority ”.

Sch 2 para 18

In section 25 (powers of entry and inspection) in subsections (1) and (9)(b) for “coast protection authority” substitute “ coastal erosion risk management authority ”.

Sch 2 para 19

In section 26 (power to require information) in subsections (1) and (2) for “coast protection authority” substitute “ coastal erosion risk management authority ”.

Sch 2 para 20

In section 27 (acquisition of right of passage) in subsections (1), (4)(b) and (5) for “coast protection authority” substitute “ coastal erosion risk management authority ”.

Sch 2 para 21

In section 28 (power of Minister to facilitate coast protection work) in subsections (1) and (2) for “coast protection authority”, in each place, substitute “ coastal erosion risk management authority ”.

Sch 2 para 22

In section 44 (regulations and orders) in subsection (2) for “coast protection authority” substitute “ coastal erosion risk management authority ”.

Sch 2 para 23

In section 45 (service) in subsection (2) for “coast protection authority” substitute “ coastal erosion risk management authority ”.

Sch 2 para 24

In section 49 (interpretation) for the definition of “coast protection work” substitute—

Land Drainage Act 1991

Sch 2 para 25

The Land Drainage Act 1991 is amended as follows.

Sch 2 para 26

Section 8 (concurrent powers of the Environment Agency) is repealed.

Sch 2 para 27

In section 9(1) (default powers of the Agency)—

Sch 2 para 27(a)

omit “but without prejudice to section 8 above”, and

Sch 2 para 27(b)

omit “flooding or”.

Sch 2 para 28

At the end of section 11 (arrangements between drainage authorities) add—

Sch 2 para 29
Sch 2 para 29(1)

After section 14 (general drainage powers of boards and local authorities) insert—

Sch 2 para 29(2)

In section 14(1)(b)—

Sch 2 para 29(2)(a)

omit “either”, and

Sch 2 para 29(2)(b)

omit sub-paragraph (ii) (and the “or” before it).

Sch 2 para 29(3)

Omit section 14(4)(b) (and the “or” before it).

Sch 2 para 30

Section 17 (supervision by the Agency: works) is repealed.

Sch 2 para 31
Sch 2 para 31(1)

Section 21 (enforcement of obligations to repair watercourses and bridges) is amended as follows.

Sch 2 para 31(2)

For subsection (6)(b) substitute—

Sch 2 para 31(3)

After subsection (6) add—

Sch 2 para 32
Sch 2 para 32(1)

Section 23 (prohibitions on obstructions) is amended as follows.

Sch 2 para 32(2)

For subsection (1)(b) substitute—.

Sch 2 para 32(3)

After subsection (1) insert—

Sch 2 para 32(4)

In subsection (2) for “and the amount of that fee shall be £50 or such other sum as may be prescribed” substitute “ and the amount of the fee shall be determined in accordance with a prescribed charging scheme. ”

Sch 2 para 32(5)

In subsection (8) for “section 24” substitute “ sections 24 and 25 ”.

Sch 2 para 32(6)

For subsection (8)(b) substitute—

Sch 2 para 32(7)

After subsection (8) add—

Sch 2 para 33
Sch 2 para 33(1)

Section 25 (powers to require works for maintaining the flow of watercourse) is amended as follows.

Sch 2 para 33(2)

In subsection (1)—

Sch 2 para 33(2)(a)

omit “Subject to section 26 below”, and

Sch 2 para 33(2)(b)

omit “or local authority”.

Sch 2 para 33(3)

Omit subsection (2).

Sch 2 para 33(4)

In subsections (6)(a), (7) and (8) omit “or local authority”.

Sch 2 para 34

Section 26 (competing jurisdictions under section 25) is repealed.

Sch 2 para 35
Sch 2 para 35(1)

Section 33 (commutation of obligations) is amended as follows.

Sch 2 para 35(2)

In subsection (1) for “Agency or the drainage board for the internal drainage district” substitute “ relevant authority for the area ”.

Sch 2 para 35(3)

In subsection (2)—

Sch 2 para 35(3)(a)

for “Agency or an internal drainage board propose” substitute “ relevant authority proposes ”, and

Sch 2 para 35(3)(b)

for “Agency or board” substitute “ authority ”.

Sch 2 para 35(4)

In subsection (3) for “Agency or board”, in each place, substitute “ relevant authority ”.

Sch 2 para 35(5)

After subsection (5) insert—

Sch 2 para 35(6)

For subsection (6)(a) substitute—.

Sch 2 para 36
Sch 2 para 36(1)

Section 34 (financial consequences of commutation) is amended as follows.

Sch 2 para 36(2)

In subsection (2) for “Agency or internal drainage board” substitute “ relevant authority ”.

Sch 2 para 36(3)

In subsection (4)—

Sch 2 para 36(3)(a)

for “Agency or internal drainage board” substitute “ relevant authority ”, and

Sch 2 para 36(3)(b)

for “Agency or, as the case may be, that board” substitute “ relevant authority ”.

Sch 2 para 36(4)

In subsection (5) for “Agency or, as the case may be, the internal drainage board” substitute “ relevant authority ”.

Sch 2 para 36(5)

In subsection (6)—

Sch 2 para 36(5)(a)

for “Agency or an internal drainage board” substitute “ relevant authority ”, and

Sch 2 para 36(5)(b)

for “Agency or board” substitute “ authority ”.

Sch 2 para 36(6)

In subsections (7) and (9) for “Agency or internal drainage board” substitute “ relevant authority ”.

Sch 2 para 37

In section 59 (grants) omit subsection (4)(c).

Sch 2 para 38
Sch 2 para 38(1)

Section 66 (byelaws) is amended as follows.

Sch 2 para 38(2)

For subsection (1) substitute—

Sch 2 para 38(3)

In subsection (2) for “Without prejudice to the generality of subsection (1) above but subject as aforesaid, an internal drainage board or local authority, other than an English county council, may, in particular, make byelaws for any of the following purposes, that is to say” substitute “ Byelaws may, in particular, have the purpose of ”.

Sch 2 para 38(4)

For subsection (3) substitute—

Sch 2 para 39

In section 72 (interpretation) in subsection (1) after the definition of “conservancy authority” insert—

Water Resources Act 1991

Sch 2 para 40

The Water Resources Act 1991 is amended as follows.

Sch 2 para 41

Section 106 (obligation to carry out flood defence functions through committees) is repealed.

Sch 2 para 42

In section 110 (main river structures: applications for consent) in subsection (1) for “and the amount of that fee shall be £50 or such other sum as may be prescribed” substitute “ and the amount of the fee shall be determined in accordance with a prescribed charging scheme ”.

Sch 2 para 43
Sch 2 para 43(1)

Section 118 (special duties with respect to flood defence revenues) is amended as follows.

Sch 2 para 43(2)

In subsection (1)—

Sch 2 para 43(2)(a)

for “flood defence functions” substitute “ flood and coastal erosion risk management functions, within the meaning of Part 1 of the Flood and Water Management Act 2010, ”, and

Sch 2 para 43(2)(b)

for “local flood defence district” substitute “ flood risk management region ”.

Sch 2 para 43(3)

In subsection (2) for “local flood defence district” substitute “ flood risk management region ”.

Sch 2 para 43(4)

Omit subsection (3)(b) (and the “or” before it).

Sch 2 para 43(5)

In subsection (4) for “local flood defence district” substitute “ flood risk management region ”.

Sch 2 para 43(6)

In subsection (5)—

Sch 2 para 43(6)(a)

in paragraph (b) for “flood defence district” substitute “ flood risk management region ”, and

Sch 2 para 43(6)(b)

for “local flood defence district” substitute “ flood risk management region ”.

Sch 2 para 43(7)

Omit subsection (6).

Sch 2 para 43(8)

At the end add—

Sch 2 para 44

Section 133 (power to authorise the Agency to issue levies) is repealed.

Sch 2 para 45

In section 159 (powers to lay pipes in streets) after subsection (1) insert—

Sch 2 para 46

In section 160 (power to lay pipes in other land) after subsection (1) insert—

Sch 2 para 47
Sch 2 para 47(1)

Section 165 (powers to carry out works) is amended as follows.

Sch 2 para 47(2)

For subsection (1) substitute—

Sch 2 para 47(3)

In subsection (2) omit “, irrespective of whether the works are in connection with a main river,”.

Sch 2 para 47(4)

In subsection (5)—

Sch 2 para 47(4)(a)

omit “in connection with a main river”, and

Sch 2 para 47(4)(b)

at the end add “ under this section ”.

Sch 2 para 47(5)

In subsection (7) omit from “; and subsections (2)” to the end.

Sch 2 para 47(6)

The heading becomes “General powers to carry out works”.

Sch 2 para 48

After section 204(2)(c) (exceptions to prohibition on disclosure of information) insert—.

Sch 2 para 49

In Schedule 25 (byelaws) for paragraph 5(1)(a) and (b) substitute—

Water Industry Act 1991

Sch 2 para 50

After section 206(3)(c) of the Water Industry Act 1991 (exceptions to prohibition on disclosure of information) insert—.

Environment Act 1995

Sch 2 para 51

The Environment Act 1995 is amended as follows.

Sch 2 para 52

For section 6(4) (general supervision by the Environment Agency) substitute—

Sch 2 para 53

Sections 14 to 19 and Schedules 4 and 5 (flood defence committees) are repealed.

...

Sch 2 para 54

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 3

Sustainable Drainage

“Drainage system”

Sch 3 para 1
Sch 3 para 1(1)

In this Schedule “drainage system” means a structure designed to receive rainwater except—

Sch 3 para 1(1)(a)

a public sewer, or

Sch 3 para 1(1)(b)

a natural watercourse.

Sch 3 para 1(2)

The reference to a structure includes a reference to—

Sch 3 para 1(2)(a)

any part of an existing or proposed structure, and

Sch 3 para 1(2)(b)

any feature or aspect of a design that is intended to receive or facilitate the receipt of rainwater.

Sch 3 para 1(3)

“Public sewer” has the meaning given by section 219(1) of the Water Industry Act 1991.

Sch 3 para 1(4)

“Natural watercourse” means a river or stream.

“Sustainable drainage”

Sch 3 para 2

“Sustainable drainage” means managing rainwater (including snow and other precipitation) with the aim of—

Sch 3 para 2(a)

reducing damage from flooding,

Sch 3 para 2(b)

improving water quality,

Sch 3 para 2(c)

protecting and improving the environment,

Sch 3 para 2(d)

protecting health and safety, and

Sch 3 para 2(e)

ensuring the stability and durability of drainage systems.

Cross-border systems

Sch 3 para 3

Where a drainage system is partly in Wales and partly in England, each part is to be treated as a separate system for the purposes of this Schedule (except that decisions in relation to one part may be made having regard to the existence and effect of the other part).

“The Minister”

Sch 3 para 4

In this Schedule “the Minister” means—

Sch 3 para 4(a)

for drainage systems in Wales, the Welsh Ministers, and

Sch 3 para 4(b)

for drainage systems in England, the Secretary of State.

National standards

Sch 3 para 5
Sch 3 para 5(1)

The Minister shall publish national standards for the implementation of sustainable drainage.

Sch 3 para 5(2)

Standards must address the way in which drainage systems—

Sch 3 para 5(2)(a)

are designed,

Sch 3 para 5(2)(b)

are constructed,

Sch 3 para 5(2)(c)

are maintained, and

Sch 3 para 5(2)(d)

operate.

Sch 3 para 5(3)

Standards may—

Sch 3 para 5(3)(a)

permit or require approving bodies to form judgments by reference to specified criteria;

Sch 3 para 5(3)(b)

require approving bodies to have regard to guidance to be issued by the Minister.

Sch 3 para 5(4)

The Minister must consult before publishing standards.

Approving body

Sch 3 para 6
Sch 3 para 6(1)

The approving body for a drainage system is—

Sch 3 para 6(1)(a)

the unitary authority for the area in which it is, or in which it is to be constructed, or

Sch 3 para 6(1)(b)

if there is no unitary authority, the county council for the area.

Sch 3 para 6(2)

“Unitary authority” means—

Sch 3 para 6(2)(a)

the council of a county for which there are no district councils;

Sch 3 para 6(2)(b)

the council of a district in an area for which there is no county council;

Sch 3 para 6(2)(c)

a county borough council;

Sch 3 para 6(2)(d)

the council of a London borough;

Sch 3 para 6(2)(e)

the Common Council of the City of London;

Sch 3 para 6(2)(f)

the Council of the Isles of Scilly.

Sch 3 para 6(3)

The Minister may by order appoint a body as approving body for drainage systems in all areas or in one or more specified areas (instead of the body that would be the approving body under sub-paragraph (1)).

Sch 3 para 6(4)

An order under sub-paragraph (3) may—

Sch 3 para 6(4)(a)

appoint a body as approving body for specified purposes only;

Sch 3 para 6(4)(b)

appoint different bodies as approving body for different purposes.

Sch 3 para 6(5)

An order under sub-paragraph (3) may confer on the approving body a power of a kind exerciseable by the body that would be the approving body under sub-paragraph (1).

Sch 3 para 6(6)

An order under sub-paragraph (3)—

Sch 3 para 6(6)(a)

if it includes provision under sub-paragraph (4) or (5)—

Sch 3 para 6(6)(a)(i)

may not be made by the Secretary of State unless a draft has been laid before and approved by resolution of each House of Parliament, and

Sch 3 para 6(6)(a)(ii)

may not be made by the Welsh Ministers unless a draft has been laid before and approved by resolution of the National Assembly for Wales, and

Sch 3 para 6(6)(b)

otherwise, shall be subject to annulment in pursuance of a resolution of—

Sch 3 para 6(6)(b)(i)

either House of Parliament, in the case of an order of the Secretary of State, or

Sch 3 para 6(6)(b)(ii)

the National Assembly for Wales, in the case of an order of the Welsh Ministers.

Requirement for approval

Sch 3 para 7
Sch 3 para 7(1)

Construction work which has drainage implications may not be commenced unless a drainage system for the work has been approved by the approving body.

Sch 3 para 7(2)

For the purposes of sub-paragraph (1)—

Sch 3 para 7(2)(a)

construction work means anything done by way of, in connection with or in preparation for the creation of a building or other structure, and

Sch 3 para 7(2)(b)

construction work has drainage implications if the building or structure will affect the ability of land to absorb rainwater.

Sch 3 para 7(3)

Sub-paragraph (1) does not apply to work requiring development consent under section 31 of the Planning Act 2008 (nationally significant infrastructure projects) or work requiring infrastructure consent under section 19 of the Infrastructure (Wales) Act 2024.

Sch 3 para 7(4)

The Minister may by order—

Sch 3 para 7(4)(a)

provide that a specified class of work is to be or not to be treated as construction work;

Sch 3 para 7(4)(b)

provide for work to be or not to be treated as having drainage implications in specified circumstances;

Sch 3 para 7(4)(c)

provide exceptions to sub-paragraph (1).

Sch 3 para 7(5)

For the avoidance of doubt, anything that covers land (such as a patio or other surface) is a structure for the purposes of sub-paragraph (2)(a).

Applications for approval

Sch 3 para 8
Sch 3 para 8(1)

This paragraph provides two approaches for applying for approval required by paragraph 7.

Sch 3 para 8(2)

If the construction work does not require planning permission, the application for approval under paragraph 7 must be made in accordance with paragraph 9.

Sch 3 para 8(3)

If the construction work requires planning permission, the application for approval under paragraph 7 may be—

Sch 3 para 8(3)(a)

made in accordance with paragraph 9, or

Sch 3 para 8(3)(b)

combined with the application for planning permission in accordance with paragraph 10.

Sch 3 para 8(4)

“Planning permission” means planning permission under the Town and Country Planning Act 1990.

Free-standing application for approval

Sch 3 para 9
Sch 3 para 9(1)

This paragraph provides for free-standing applications for approval under paragraph 7.

Sch 3 para 9(2)

An application must—

Sch 3 para 9(2)(a)

be in any form required by the approving body,

Sch 3 para 9(2)(b)

contain or be accompanied by any information required by the approving body, and

Sch 3 para 9(2)(c)

be accompanied by any fee chargeable in accordance with paragraph 13.

Combined applications

Sch 3 para 10
Sch 3 para 10(1)

This paragraph provides for the combination of an application for approval under paragraph 7 with an application for planning permission.

Sch 3 para 10(2)

Paragraph 9(2) applies to that part of the combined application that seeks approval under paragraph 7.

Sch 3 para 10(3)

The planning authority must—

Sch 3 para 10(3)(a)

consult the approving body (if different) in determining the application for planning permission, and

Sch 3 para 10(3)(b)

inform the approving body (if different) of its determination of the application for planning permission.

Sch 3 para 10(4)

When informing the applicant of the determination of the application for planning permission the planning authority must also inform the applicant of the approving body's determination of the application for approval.

Determination of application for approval

Sch 3 para 11
Sch 3 para 11(1)

On considering an application for approval the approving body must—

Sch 3 para 11(1)(a)

grant it, if satisfied that the drainage system if constructed as proposed will comply with national standards for sustainable drainage, or

Sch 3 para 11(1)(b)

refuse it, if not satisfied.

Sch 3 para 11(2)

Approval granted under sub-paragraph (1)(a) may be subject to conditions; in particular, a condition may—

Sch 3 para 11(2)(a)

relate to the construction of the drainage system (which may involve modification of the proposal for construction),

Sch 3 para 11(2)(b)

provide that approval takes effect only if and when the applicant provides a non-performance bond in accordance with paragraph 12,

Sch 3 para 11(2)(c)

relate to inspection, or

Sch 3 para 11(2)(d)

require the payment of fees chargeable under paragraph 13 by reference to work undertaken in connection with approval.

Sch 3 para 11(3)

Before determining an application the approving body must consult—

Sch 3 para 11(3)(a)

any sewerage undertaker with whose public sewer the drainage system is proposed to communicate;

Sch 3 para 11(3)(b)

the Environment Agency, if the drainage system directly or indirectly involves the discharge of water into a watercourse in England;

Sch 3 para 11(3)(ba)

the Natural Resources Body for Wales, if the drainage system directly or indirectly involves the discharge of water into a watercourse in Wales;

Sch 3 para 11(3)(c)

the relevant highway authority for a road which the approving body thinks may be affected;

Sch 3 para 11(3)(d)

Canal & River Trust, if the approving body thinks that the drainage system may directly or indirectly involve the discharge of water into or under a waterway managed by them;

Sch 3 para 11(3)(e)

an internal drainage board, if the approving body thinks that the drainage system may directly or indirectly involve the discharge of water into an ordinary watercourse (within the meaning of section 72 of the Land Drainage Act 1991) within the board's district.

Sch 3 para 11(4)

As soon as is reasonably practicable after determining an application for approval the approving body must notify—

Sch 3 para 11(4)(a)

the applicant or, in the case of a combined application, the planning authority, and

Sch 3 para 11(4)(b)

any person consulted under sub-paragraph (3).

Sch 3 para 11(5)

The Minister may make regulations about timing and procedure for determination of applications for approval; and the regulations may, in particular, specify the consequences of failure to comply with them.

Non-performance bonds

Sch 3 para 12
Sch 3 para 12(1)

A non-performance bond is a bond of a kind and to a value specified in a condition imposed on the grant of an application for approval.

Sch 3 para 12(2)

The effect of the bond must be that the value of the bond is payable to the approving body if it certifies that the drainage system—

Sch 3 para 12(2)(a)

has been constructed in a manner that is not in accordance with the approved proposals, or

Sch 3 para 12(2)(b)

is unlikely to be completed.

Sch 3 para 12(3)

Before giving a certificate under sub-paragraph (2) the approving body must consult the applicant for approval (“the developer”).

Sch 3 para 12(4)

Where an approving body gives a certificate under sub-paragraph (2)—

Sch 3 para 12(4)(a)

it must notify the developer,

Sch 3 para 12(4)(b)

the approving body may undertake any work necessary to ensure that the drainage system is completed in such a manner as to make it likely to operate in compliance with national standards for sustainable drainage, and

Sch 3 para 12(4)(c)

the sums received under the bond may be applied to the expenses of that work, and any excess is to be paid to the developer.

Sch 3 para 12(5)

In requiring a non-performance bond an approving body must specify a value which does not exceed the best estimate of the maximum likely cost of work required to ensure that the drainage system accords with the approved proposals.

Sch 3 para 12(6)

The Minister may issue guidance about what amounts may be required by way of non-performance bonds; and approving bodies must have regard to the guidance.

Fees

Sch 3 para 13
Sch 3 para 13(1)

The Minister shall by regulations provide for fees for applications for approval.

Sch 3 para 13(2)

The regulations may—

Sch 3 para 13(2)(a)

provide for fees to be determined by reference to specified criteria (including the extent or nature of construction works);

Sch 3 para 13(2)(b)

provide for fees to be paid by reference to work done by the approving authority in connection with approval.

Sch 3 para 13(3)

In making regulations the Minister must have regard to the desirability of ensuring that fee income does not significantly exceed the costs (direct and indirect) that approving bodies incur in connection with approval.

Enforcement

Sch 3 para 14
Sch 3 para 14(1)

The Minister shall by order provide for the enforcement of the requirement for approval in paragraph 7(1).

Sch 3 para 14(2)

An order may, in particular, make provision about cases where—

Sch 3 para 14(2)(a)

construction is commenced without a drainage system having been approved,

Sch 3 para 14(2)(b)

conditions of approval are breached, or

Sch 3 para 14(2)(c)

construction does not conform to the approved proposals.

Sch 3 para 14(3)

An order may, in particular, provide for—

Sch 3 para 14(3)(a)

notices (including enforcement notices, stop notices, temporary notice and breach of condition notices),

Sch 3 para 14(3)(b)

applications to a court or tribunal,

Sch 3 para 14(3)(c)

powers (including (i) discretionary powers conferred on the Minister or specified authorities, (ii) powers of entry, (iii) powers of inspection, and (iv) powers to undertake and charge for remedial work),

Sch 3 para 14(3)(d)

offences of failure to comply with the regulations or notices under them,

Sch 3 para 14(3)(e)

financial penalties,

Sch 3 para 14(3)(f)

rights of appeal, and

Sch 3 para 14(3)(g)

compensation.

Sch 3 para 14(4)

An order may apply (with or without modification) or make provision similar to a provision of the Town and Country Planning Act 1990.

Sch 3 para 14(5)

An order—

Sch 3 para 14(5)(a)

may not be made by the Secretary of State unless a draft has been laid before and approved by resolution of each House of Parliament, and

Sch 3 para 14(5)(b)

may not be made by the Welsh Ministers unless a draft has been laid before and approved by resolution of the National Assembly for Wales.

Guidance

Sch 3 para 15

The Minister may issue guidance about the process of seeking and obtaining approval; and approving bodies must have regard to the guidance.

Sewers and roads

Sch 3 para 16
Sch 3 para 16(1)

After section 106(1A) of the Water Industry Act 1991 (right to connect to public sewers) insert—

Sch 3 para 16(2)

After section 106 insert—

Sch 3 para 16(3)

After section 115(5) of the Water Industry Act 1991 (highway drains and sewers) insert—

Duty to adopt

Sch 3 para 17
Sch 3 para 17(1)

An approving body must adopt a drainage system which satisfies the following conditions.

Sch 3 para 17(2)

Condition 1 is that the drainage system was constructed in pursuance of proposals approved under paragraph 7.

Sch 3 para 17(3)

Condition 2 is that the approving body is satisfied—

Sch 3 para 17(3)(a)

that the drainage system was constructed, and functions, in accordance with the approved proposals (including any conditions of approval), or

Sch 3 para 17(3)(b)

that the approving body can issue or has issued a certificate under paragraph 12(2).

Sch 3 para 17(4)

An approving body must have regard to any guidance issued by the Minister about the application of Condition 2.

Sch 3 para 17(5)

Condition 3 is that the drainage system is a sustainable drainage system, as defined by regulations made by the Minister.

Sch 3 para 17(6)

Where part of a drainage system is exempt from adoption a reference in this Schedule to the adoption of a drainage system includes a reference to adoption of part of a drainage system.

Exception 1: single-property systems

Sch 3 para 18
Sch 3 para 18(1)

The adoption duty does not apply to a drainage system which is designed only to provide drainage for a single property.

Sch 3 para 18(2)

The adoption duty does not apply to any part of a drainage system which is designed only to provide drainage for a single property.

Sch 3 para 18(3)

The Minister may by regulations make provision for determining when a drainage system, or part of a drainage system, is to be or not to be treated as designed only to provide drainage for a single property.

Exception 2: roads

Sch 3 para 19
Sch 3 para 19(1)

The adoption duty does not apply to any part of a drainage system which is a publicly-maintained road.

Sch 3 para 19(2)

If part of an adopted drainage system becomes a publicly-maintained road, the adoption lapses in respect of that part.

Sch 3 para 19(3)

Sub-paragraphs (4) and (5) apply—

Sch 3 para 19(3)(a)

where a drainage system is adopted and part of the system is a publicly-maintained road (and that part therefore need not be adopted);

Sch 3 para 19(3)(b)

where a drainage system is entirely on a publicly-maintained road (and the adoption duty does not therefore apply to it).

Sch 3 para 19(4)

The maintaining authority must exercise its functions in respect of the road—

Sch 3 para 19(4)(a)

in accordance with the approved proposals for the drainage system (including any conditions of approval), and

Sch 3 para 19(4)(b)

in accordance with national standards for sustainable drainage.

Sch 3 para 19(5)

The maintaining authority must designate the road under section 63 of the New Roads and Street Works Act 1991 (streets with special engineering difficulties).

Sch 3 para 19(6)

“Publicly-maintained road” means a highway to which the duty under section 41 of the Highways Act 1980 applies (maintenance at public expense); (and a reference to a road includes a reference to part of a road).

Exception 3: systems under section 114A Water Industry Act 1991

Sch 3 para 19A

The adoption duty does not apply to a drainage system constructed under section 114A of the Water Industry Act 1991 (drainage systems relieving public sewers).

Additional exceptions

Sch 3 para 20

The Minister may by order provide additional exceptions to the adoption duty.

Power to adopt

Sch 3 para 21

An approving body may voluntarily adopt all or part of a sustainable drainage system, as defined by regulations made by the Minister, to which the duty to adopt does not apply.

Effect of adoption

Sch 3 para 22
Sch 3 para 22(1)

Where an approving body adopts a drainage system it becomes responsible for maintaining the system.

Sch 3 para 22(2)

In maintaining the system the adopting body must comply with national standards for sustainable drainage.

Process of adoption in pursuance of duty to adopt

Sch 3 para 23
Sch 3 para 23(1)

This paragraph describes the procedure for adoption in pursuance of the duty to adopt.

Sch 3 para 23(2)

An approving body may adopt a drainage system—

Sch 3 para 23(2)(a)

on its own initiative, or

Sch 3 para 23(2)(b)

at the request of the person who applied for approval under paragraph 7 (“the developer”).

Sch 3 para 23(3)

A request must be made in the form (if any) prescribed by the approving body.

Sch 3 para 23(4)

Where an approving body receives a request it must—

Sch 3 para 23(4)(a)

determine it within such period as the Minister may prescribe by order, and

Sch 3 para 23(4)(b)

notify the developer as soon as is reasonably practicable of the decision and of any right of appeal.

Sch 3 para 23(5)

Where an approving body adopts a drainage system on its own initiative it must notify the developer as soon as is reasonably practicable.

Sch 3 para 23(6)

Where an approving body gives notice under sub-paragraph (4)(b) or (5) it must—

Sch 3 para 23(6)(a)

ensure that the notice specifies the extent of the drainage system being adopted,

Sch 3 para 23(6)(b)

copy the notice to the sewerage undertaker in whose area the drainage system is,

Sch 3 para 23(6)(c)

copy the notice to any person who appears to the approving body to own or occupy land on which the drainage system is (including details of any arrangements under the approved proposals for access and maintenance),

Sch 3 para 23(6)(d)

copy the notice to any other person whom the approving body were obliged to consult on the application for approval,

Sch 3 para 23(6)(e)

copy the notice to any person who appears to the approving body to own or occupy land from which water will be drained by the drainage system,

Sch 3 para 23(6)(f)

arrange for the inclusion of the drainage system (including any non-adopted part) in the relevant register under section 21,

Sch 3 para 23(6)(g)

release any bond provided under paragraph 12,

Sch 3 para 23(6)(h)

arrange for the designation under Schedule 1 of any part of the drainage system (whether an adopted part or not) which is eligible for designation (and which is not owned by the approving body), and

Sch 3 para 23(6)(i)

designate under section 63 of the New Roads and Street Works Act 1991 (streets with special engineering difficulties) any adopted part of the drainage system that is a street within the meaning of section 48 of that Act.

Sch 3 para 23(7)

The Minister may make regulations about the timing and manner of compliance with sub-paragraph (6).

Process of voluntary adoption

Sch 3 para 24
Sch 3 para 24(1)

This paragraph applies where an approving body decides to exercise its power to adopt a drainage system to which the duty to adopt does not apply.

Sch 3 para 24(2)

The approving body must notify—

Sch 3 para 24(2)(a)

the sewerage undertaker in whose area the drainage system is,

Sch 3 para 24(2)(b)

any person who appears to the approving body to own or occupy land on which the drainage system is (including details of any arrangements under the approved proposals for access and maintenance), and

Sch 3 para 24(2)(c)

any person who appears to the approving body to own or occupy land from which water will be drained by the drainage system.

Sch 3 para 24(3)

The approving body must arrange for—

Sch 3 para 24(3)(a)

the inclusion of the drainage system (including any non-adopted part) in the relevant register under section 21, and

Sch 3 para 24(3)(b)

the designation under Schedule 1 of any part of the drainage system (whether an adopted part or not) which is eligible for designation (and which is not owned by the approving body).

Sch 3 para 24(4)

The notification under sub-paragraph (2) must specify the extent of the drainage system being adopted.

Sch 3 para 24(5)

The Minister may make regulations about the timing and manner of compliance with sub-paragraphs (2) and (3).

Appeals

Sch 3 para 25
Sch 3 para 25(1)

The Minister must by regulations provide a right of appeal against—

Sch 3 para 25(1)(a)

decisions under this Schedule about applications for approval (including decisions about conditions), and

Sch 3 para 25(1)(b)

decisions under this Schedule about the duty to adopt.

Sch 3 para 25(2)

The regulations must—

Sch 3 para 25(a)

confer jurisdiction on the Minister, a court or a tribunal, and

Sch 3 para 25(b)

make provision about procedure.

Sch 3 para 25(3)

The first sets of regulations may not be made unless a draft has been laid before and approved by resolution of—

Sch 3 para 25(3)(a)

each House of Parliament, in the case of the first regulations made by the Secretary of State, and

Sch 3 para 25(3)(b)

the National Assembly for Wales, in the case of the first regulations made by the Welsh Ministers.

Building Act 1984

Sch 3 para 26
Sch 3 para 26(1)

At the end of section 21 of the Building Act 1984 (provision of drainage) add—

Sch 3 para 26(2)

The power in section 59(1)(c) of the Building Act 1984 (power to give notice about unsatisfactory condition of drains) applies to sustainable drainage systems, as defined by regulations under paragraph 17(5) above, as to works mentioned in that section; and for that purpose—

Sch 3 para 26(2)(a)

it does not matter whether the drainage system, or any part of it, is adopted under this Schedule, and

Sch 3 para 26(2)(b)

a reference to a local authority is to be treated as a reference to the relevant approving body.

Sch 3 para 26(3)

At the end of section 59 add—

Sch 3 para 26(4)

In section 84(1) of the Building Act 1984 (paving and drainage of yards and passages) for the words “to a proper outfall” substitute “ (having regard both to the need to remove water from the court, yard or passage and also to the need to dispose of it satisfactorily in the course of or after its removal) ”.

New Roads and Street Works Act 1991

Sch 3 para 27

At the end of section 63 of the New Roads and Street Works Act 1991 (streets with special engineering difficulties) insert—

Works on public land

Sch 3 para 28
Sch 3 para 28(1)

The Minister may make regulations requiring a statutory undertaker to notify the approving body before commencing statutory works on public land where the works will or may affect the operation of a drainage system on that land.

Sch 3 para 28(2)

“Public land” means land owned or occupied by a designating authority for the purposes of Schedule 1.

Sch 3 para 28(3)

The regulations shall define—

Sch 3 para 28(3)(a)

“statutory undertaker”, and

Sch 3 para 28(3)(b)

“statutory works”.

Sch 3 para 28(4)

The regulations may specify criteria for determining what works are to be treated as works that will or may affect the operation of a drainage system.

Sch 3 para 28(5)

The regulations may include provision about—

Sch 3 para 28(5)(a)

timing, and

Sch 3 para 28(5)(b)

procedure.

Sch 3 para 28(6)

The regulations may—

Sch 3 para 28(6)(a)

specify consequences of failure to comply with a provision of the regulations;

Sch 3 para 28(6)(b)

include provision requiring, or enabling an approving body to require, a statutory undertaker who is carrying out or has carried out works affecting a drainage system to carry out further work in relation to the system (which may include, in particular, a requirement to leave the system in a state approved by the approving body, having regard to national standards on sustainable drainage);

Sch 3 para 28(6)(c)

give approving bodies default powers to undertake work and recover costs.

Sch 3 para 28(7)

The regulations may amend an enactment so as to introduce a cross-reference to the regulations.

Sch 4

Reservoirs

Introduction

Sch 4 para 1

The Reservoirs Act 1975 is amended as follows.

“Large raised reservoir”

Sch 4 para 2

Before section 1 insert—

Sch 4 para 3
Sch 4 para 3(1)

Omit section 1(1) to (3) (meaning of “reservoir”).

Sch 4 para 3(2)

In section 6 (construction and alteration) in subsection (1) for “existing reservoir” substitute “ existing structure or area ”.

Sch 4 para 3(3)

In section 6(3) for “existing reservoir” substitute “ existing structure or area ”.

Sch 4 para 3(4)

In section 8 (failure to comply with construction or alteration requirements) in subsection (1) for “existing reservoir” substitute “ existing structure or area ”.

Sch 4 para 3(5)

In section 12B (flood plans and national security) in subsection (2) for “a large raised reservoir” substitute “ large or raised ”.

Registration

Sch 4 para 4

After section 2(2A) (registration) insert—

Sch 4 para 5

In section 21 (duty to provide information)—

Sch 4 para 5(a)

in subsection (1)(a) omit the words from “(whether” to “capacity”, and

Sch 4 para 5(b)

omit subsections (2) to (4).

Sch 4 para 6

In section 22 (criminal liability) before subsection (1) insert—

High-risk reservoirs

Sch 4 para 7

After section 2 (registration) insert—

Sch 4 para 8

In section 7 (certificates of construction engineers) in subsection (5) after “a reservoir” insert “ which is designated, or in the opinion of the engineer is likely to be designated, as a high-risk reservoir ”.

Panels of engineers

Sch 4 para 9

At the end of section 4 (panel of civil engineers) add—

Construction and alteration

Sch 4 para 10
Sch 4 para 10(1)

Section 6 (construction and alteration) is amended as follows.

Sch 4 para 10(2)

In subsection (1) after “increase”, in both places, insert “ or decrease ”.

Sch 4 para 10(3)

In subsection (3) omit “addition to the”.

Sch 4 para 10(4)

In subsection (4) after “increase” insert “ or decrease ”.

Sch 4 para 10(5)

Omit subsection (6).

Sch 4 para 10(6)

At the end add—

Sch 4 para 11
Sch 4 para 11(1)

In section 7 (certificates of construction engineers) in subsection (1)—

Sch 4 para 11(1)(a)

for “addition”, in the first and second places it occurs, substitute “ alteration ”, and

Sch 4 para 11(1)(b)

omit “or addition” in the last place it occurs.

Sch 4 para 11(2)

In section 7(2) for “addition” substitute “ alteration ”.

Sch 4 para 11(3)

In section 7(3)—

Sch 4 para 11(3)(a)

for “addition”, in the first place it occurs, substitute “ alteration ”, and

Sch 4 para 11(3)(b)

omit “or, as the case may be, the reservoir with the addition”.

Sch 4 para 11(4)

In section 7(4) and (6) for “addition” substitute “ alteration ”.

Sch 4 para 11(5)

In section 8 (failure to comply with construction or alteration requirements) in subsection (1)—

Sch 4 para 11(5)(a)

in paragraph (a) after “increase” insert “ or decrease ”, and

Sch 4 para 11(5)(b)

for “addition” substitute “ alteration ”.

Sch 4 para 11(6)

At the end of section 8(3) add “ within the period which the report must specify in respect of each recommendation. ”

Sch 4 para 11(7)

In section 8(4) for “addition” substitute “ alteration ”.

Sch 4 para 11(8)

In section 8(5)—

Sch 4 para 11(8)(a)

omit “or addition”, and

Sch 4 para 11(8)(b)

omit “or, as the case may be, the reservoir with the addition”.

Sch 4 para 11(9)

In section 8(6) omit “or, as the case may be, the reservoir with the addition”.

Sch 4 para 11(10)

In section 10 (inspections) in subsection (9)(b) for “addition” substitute “ alteration ”.

High-risk reservoirs: inspections

Sch 4 para 12
Sch 4 para 12(1)

Section 10 (inspections) is amended as follows.

Sch 4 para 12(2)

In subsection (1) for “large raised reservoir” substitute “ high-risk reservoir ”.

Sch 4 para 12(3)

In subsection (2) for the words from “large raised reservoir” to the end substitute “ high-risk reservoir must be inspected under this section at the times specified by regulations made by the Minister. ”

Sch 4 para 12(4)

In subsection (3) for the words from “the time” to the end substitute—

Sch 4 para 12(5)

After subsection (3) insert—

Sch 4 para 12(6)

In subsection (5) after “safety” insert “ or as to the maintenance of the reservoir ”.

Sch 4 para 12(7)

After subsection (5) insert—

Sch 4 para 12(8)

In subsection (6) for “as soon as practicable” substitute “ , within the period specified in the report, ”.

Sch 4 para 12(9)

After subsection (6) insert—

Sch 4 para 12(10)

In subsection (7) for “large raised reservoir” substitute “ high-risk reservoir ”.

Sch 4 para 13

In section 17 (powers of entry) in subsection (1)(b) after “safety” insert “ , or as to the maintenance of the reservoir, ”.

Sch 4 para 14

In section 19(1)(a) after “safety” insert “ , or as to the maintenance of the reservoir ”.

Sch 4 para 15

In section 22 (criminal liability) after subsection (1) insert—

High-risk reservoirs: monitoring and supervision

Sch 4 para 16

In section 11 (records) in subsection (1) for “large raised reservoir” substitute “ high-risk reservoir ”.

Sch 4 para 17
Sch 4 para 17(1)

Section 12 (supervision) is amended as follows.

Sch 4 para 17(2)

In subsection (1) for “large raised reservoir” substitute “ high-risk reservoir ”.

Sch 4 para 17(3)

After subsection (2) insert—

Sch 4 para 17(4)

In subsection (4) for “large raised reservoir” substitute “ high-risk reservoir ”.

Sch 4 para 17(5)

At the end add—

Sch 4 para 17(6)

In section 20(4) (reports, certificates etc.) after paragraph (e) add—

Sch 4 para 18

In section 21(5) (information) for “large raised reservoir” substitute “ high-risk reservoir ”.

Sch 4 para 19

In section 22 (criminal liability) after subsection (1AB) (inserted by paragraph 15) insert—

Flood plans

Sch 4 para 20
Sch 4 para 20(1)

Section 12A (flood plans) is amended as follows.

Sch 4 para 20(2)

In subsection (1) omit the words from “setting” to the end.

Sch 4 para 20(3)

After section 12A(1) insert—

Sch 4 para 21

After section 12A insert—

Sch 4 para 22
Sch 4 para 22(1)

Section 19 (references) is amended as follows.

Sch 4 para 22(2)

After subsection (1) insert—

Sch 4 para 22(3)

In subsection (2) after “recommendation” insert “ or determination ”.

Sch 4 para 22(4)

In subsections (3) and (4) for “this section” substitute “ subsection (1) ”.

Sch 4 para 22(5)

After subsection (4) insert—

Sch 4 para 23
Sch 4 para 23(1)

Section 20 (reports, certificates etc.) is amended as follows.

Sch 4 para 23(2)

In subsection (4)(c) omit “modifying any such report as is mentioned in paragraph (b) above”.

Sch 4 para 23(3)

After subsection (4)(g) (inserted by paragraph 17(6)) add—

Sch 4 para 24

In section 22 (criminal liability) after subsection (1AD) (inserted by paragraph 19) insert—

Discontinuance

Sch 4 para 25
Sch 4 para 25(1)

Section 13 (discontinuance) is amended as follows.

Sch 4 para 25(2)

In subsection (1) for the words from “more than 25,000” to “adjoining the reservoir” substitute “ 10,000 cubic metres of water above the natural level of any part of the surrounding land ”.

Sch 4 para 25(3)

After subsection (1) insert—

Sch 4 para 25(4)

In subsection (3) for the words from “more than 25,000” to “adjoining the reservoir” substitute “ 10,000 cubic metres of water above the natural level of any part of the surrounding land ”.

Sch 4 para 25(5)

At the end add—

Sch 4 para 26
Sch 4 para 26(1)

In section 15 (reserve powers) in subsection (1) after “12” insert “ , 13 ”.

Sch 4 para 26(2)

In section 21 (duty to provide information) in subsection (5) after “10(6)” insert “ , 13 ”.

Sch 4 para 26(3)

In section 22 (criminal liability) in subsection (1)(b) after “12” insert “ , 13 ”.

Abandonment

Sch 4 para 27
Sch 4 para 27(1)

Section 14 (abandonment) is amended as follows.

Sch 4 para 27(2)

In subsection (2) for the words from “before” to “afterwards” substitute “ within the period specified in the report ”.

Sch 4 para 27(3)

At the end add—

Sch 4 para 28

In section 20 (reports, certificates etc.) in subsection (4)(b) omit from “and stated” to “safety”.

Powers of entry

Sch 4 para 29

In section 17 (powers of entry) for subsection (1)(a) substitute—.

Appeals

Sch 4 para 30

After section 19 (references) insert—

Directions of engineers

Sch 4 para 31

In section 20(1) (general provision about documents: prescribed form) for “or certificate” substitute “ , certificate or directions ”.

Assessment of reports and statements

Sch 4 para 32

After section 20 insert—

Information and reports

Sch 4 para 33

After section 21 (duty to provide information) insert—

Sch 4 para 34

In section 22 (criminal liability) after subsection (4) insert—

Enforcement: supplementary

Sch 4 para 35

In section 22 (criminal liability) in subsection (1)—

Sch 4 para 35(a)

omit “by the wilful default of the undertakers”, and

Sch 4 para 35(b)

omit “unless there is reasonable excuse for the default or failure”.

Sch 4 para 36

After section 22B insert—

Arrangements for civil protection: charges

Sch 4 para 37

After section 22C (inserted by paragraph 36) insert—

Regulations and orders

Sch 4 para 38
Sch 4 para 38(1)

Section 5 (power to prescribe by regulations) is amended as follows.

Sch 4 para 38(2)

The existing provision becomes subsection (1).

Sch 4 para 38(3)

At the end add—

Charges

Sch 4 para 39

In section 41(1) of the Environment Act 1995 (power to make schemes imposing charges), after paragraph (b) insert—.

Power to make further provision

Sch 4 para 40
Sch 4 para 40(1)

The Minister may by order make such further amendments to the Reservoirs Act 1975 as appear necessary or desirable in consequence of the amendments made by this Schedule.

Sch 4 para 40(2)

An order under sub-paragraph (1) may not be made unless a draft has been laid before and approved by resolution of—

Sch 4 para 40(2)(a)

each House of Parliament, in the case of an order made by the Secretary of State, or

Sch 4 para 40(2)(b)

the National Assembly for Wales, in the case of an order made by the Welsh Ministers.

Regulatory impact assessment

Sch 4 para 41
Sch 4 para 41(1)

The Minister must carry out a review of the burden on undertakers in relation to large raised reservoirs of complying with the Reservoirs Act 1975 as amended by this Schedule.

Sch 4 para 41(2)

The review must be carried out at the end of the period of 12 months beginning with the operative date.

Sch 4 para 41(3)

In sub-paragraph (2) the “operative date” means the first date on which all of the following have come into force—

Sch 4 para 41(3)(a)

section A1 of the Reservoirs Act 1975 (inserted by paragraph 2 of this Schedule), and

Sch 4 para 41(3)(b)

regulations under sections 2(2C), 2C(1)(b) and 10(2) of that Act as amended by this Schedule.

Sch 4 para 41(4)

The Minister must prepare and publish a report of the review.

Ministerial responsibility

Sch 4 para 42
Sch 4 para 42(1)

In this Schedule, and the amendments of the Reservoirs Act 1975 made by this Schedule, a reference to the Minister is a reference to—

Sch 4 para 42(1)(a)

the Secretary of State, in relation to England, and

Sch 4 para 42(1)(b)

the Welsh Ministers, in relation to Wales.

Sch 4 para 42(2)

After section 27B of the Reservoirs Act 1975 insert—

Cross-border England-Scotland reservoirs

Sch 4 para 43
Sch 4 para 43(1)

In this paragraph—

Sch 4 para 43(1)(a)

a “cross-border reservoir” means a large-raised reservoir which is partly in England and partly in Scotland,

Sch 4 para 43(1)(b)

for that purpose “large-raised reservoir” has the meaning given by section A1 of the Reservoirs Act 1975 as inserted by paragraph 2,

Sch 4 para 43(1)(c)

“the English regime” means the Reservoirs Act 1975 as amended by this Schedule, and

Sch 4 para 43(1)(d)

“the Scottish regime” means the Reservoirs (Scotland) Act 2011 and any order or regulations made, guidance issued or directions given under that Act.

Sch 4 para 43(2)

The Secretary of State, with the consent of the Scottish Ministers, may by order provide that in relation to cross-border reservoirs—

Sch 4 para 43(2)(a)

the Scottish regime shall apply and the English regime shall not apply, or

Sch 4 para 43(2)(b)

the English regime shall apply and the Scottish regime shall not apply.

Sch 4 para 43(3)

An order may relate to—

Sch 4 para 43(3)(a)

a specified reservoir, or

Sch 4 para 43(3)(b)

a class of reservoir.

Sch 4 para 43(4)

An order may provide—

Sch 4 para 43(4)(a)

for any modifications of the English regime that appear necessary or desirable to the Secretary of State in its application to a cross-border reservoir, or

Sch 4 para 43(4)(b)

for any modifications of the Scottish regime that appear necessary or desirable to the Secretary of State in its application to a cross-border reservoir.

Sch 4 para 43(5)

An order under this paragraph may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

Sch 5

Special Administration

Transfer schemes

Sch 5 para 1
Sch 5 para 1(1)

This paragraph amends paragraph 2 of Schedule 2 to the Water Industry Act 1991 (transfer schemes).

Sch 5 para 1(2)

In sub-paragraph (1) omit “and, in relation to the matters affecting them, of any other appointees”.

Sch 5 para 1(3)

In sub-paragraph (3) for “, of the existing appointee and, in relation to the matters affecting them, of any other appointees,” substitute “ and the existing appointee ”.

Sch 5 para 1(4)

In sub-paragraph (4) for “, the new appointee and, in relation to the provisions of the order which affect them, any other appointees” substitute “ and the new appointee ”.

Sch 5 para 2

At the end of paragraph 3(2)(b) of Schedule 2 add “ (but may not impose new liabilities on any other appointee); ”.

Objectives

Sch 5 para 3

After section 23(2A) of the Water Industry Act 1991 (special administration order: effect) insert—

Financial assistance

Sch 5 para 4
Sch 5 para 4(1)

This paragraph amends sections 153 and 154 of the Water Industry Act 1991 (government financial assistance where special administration order made).

Sch 5 para 4(2)

For section 153(1)(b) substitute—

Sch 5 para 4(3)

After section 153(1) insert—

Sch 5 para 4(4)

In section 153(3) for “by Schedule 3 to this Act” substitute “ by or under section 23 ”.

Sch 5 para 4(5)

After section 153(3) insert—

Sch 5 para 4(6)

In section 154(2) for “Immediately” substitute “ As soon as is reasonably practicable ”.

Sch 5 para 4(7)

In section 154(3) for “possible” substitute “ is reasonably practicable ”.

Sch 5 para 4(8)

In section 154(5) for “by Schedule 3 to this Act” substitute “ by or under section 23 ”.

Sch 5 para 4(9)

This paragraph has effect in respect of special administration orders made whether before or after this section comes into force.

Hive down

Sch 5 para 5
Sch 5 para 5(1)

In section 23 of the Water Industry Act 1991 (special administration order) after subsection (2G) (inserted by paragraph 2 above) insert—

Sch 5 para 5(2)

The Secretary of State may by order amend Schedule 2 to the Water Industry Act 1991 in consequence of sub-paragraph (1).

Sch 5 para 5(3)

An order under sub-paragraph (2) may not be made unless—

Sch 5 para 5(3)(a)

the Welsh Ministers have consented to the making of the order, and

Sch 5 para 5(3)(b)

a draft has been laid before and approved by resolution of each House of Parliament.

Sch 5 para 5(4)

Amendments made by or under this paragraph apply to special administration orders made before or after the commencement of this section.

Application of general administration law

Sch 5 para 6
Sch 5 para 6(1)

For section 23(3) of (and Schedule 3 to) the Water Industry Act 1991 (special administration order: application of Insolvency Act 1986) substitute—

Sch 5 para 6(2)

Section 24(4) and (5) of the Water Industry Act 1991 (which apply to special administration orders specified provisions of the Insolvency Act 1986) shall cease to have effect.

Sch 5 para 6(3)

Section 249(1)(a) and (aa) of the Enterprise Act 2002 (which preserve an old version of Insolvency Act 1986 in its application to water and sewerage undertakers and suppliers) shall cease to have effect.

Sch 5 para 6(4)

In section 24(2)(d) of the Water Industry Act 1991 (special administration orders made on special petition) for “section 440 of the Companies Act 1985” substitute “ section 124A of the Insolvency Act 1986 ”.

Strategic supplies

Sch 5 para 7
Sch 5 para 7(1)

In section 66G(10) of the Water Industry Act 1991 (designation of strategic supply) after “its own customers” insert “ , and supplies which it is obliged to make under section 66A or 66C, ”.

Sch 5 para 7(2)

In section 66H(10) of the Water Industry Act 1991 (designation of collective strategic supply) after “its own customers” insert “ , and supplies which it is obliged to make under section 66A or 66C, ”.