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Water Resources Act 1991

Type Public General Act
Publication 1991-07-25
Last updated 2026-04-06
State In force
Department Statute Law Database
Source legislation.gov.uk
articles Not indexed
Reform history JSON API

[^key-f0cdf31881216c55b487f588df189cfa]: S. 202 modified (10.4.2017) by The Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 (S.I. 2017/407), regs. 1(a), 35(2) (with reg. 1(c))

[^key-02f33648486849aba769a74581cb3841]: Words in s. 118(7) inserted (14.7.2017) by Environment (Wales) Act 2016 (anaw 3), s. 88(3)(c), Sch. 2 para. 20(2)(a); S.I. 2017/714, art. 2

[^key-4cf88fa878109ba7639d0acd4e58004b]: Words in s. 118(7) inserted (14.7.2017) by Environment (Wales) Act 2016 (anaw 3), s. 88(3)(c), Sch. 2 para. 20(2)(b); S.I. 2017/714, art. 2

[^key-a8e3b0148f9e8ca61664c9a8ac144727]: Word in s. 134(2) substituted (14.7.2017) by Environment (Wales) Act 2016 (anaw 3), s. 88(3)(c), Sch. 2 para. 20(3); S.I. 2017/714, art. 2

[^key-1dbfc4c31e5c0d3ca4e705d404836ea4]: Words in s. 138(3) inserted (14.7.2017) by Environment (Wales) Act 2016 (anaw 3), s. 88(3)(c), Sch. 2 para. 20(4); S.I. 2017/714, art. 2

[^key-678e0975d907ad1eb688089bf3d0fbc2]: Words in s. 145 inserted (14.7.2017) by Environment (Wales) Act 2016 (anaw 3), s. 88(3)(c), Sch. 2 para. 20(5)(a); S.I. 2017/714, art. 2

[^key-718ad084d836aefcea707f99f28747cf]: Words in s. 145 inserted (14.7.2017) by Environment (Wales) Act 2016 (anaw 3), s. 88(3)(c), Sch. 2 para. 20(5)(b); S.I. 2017/714, art. 2

[^key-9c4521232720fdecf125cbfefa908743]: Words in Sch. 26 para. 7 omitted (14.7.2017) by virtue of Environment (Wales) Act 2016 (anaw 3), s. 88(3)(c), Sch. 2 para. 20(6); S.I. 2017/714, art. 2

[^key-4fd68a45defbd191fc537dd3fe6cdf4a]: S. 164 modified (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), regs. 1(2), 102(4)

[^key-49760ce1712f00726704a248bdb1f796]: S. 24 excluded (22.12.2017) by The M20 Junction 10a Development Consent Order 2017 (S.I. 2017/1202), arts. 1, 3(1)(b) (with arts. 4, 37)

[^key-9a453fd29efcf6f6026ac4be33df204c]: Sch. 22 para. 5 cross-heading substituted (28.12.2017) by Digital Economy Act 2017 (c. 30), s. 118(6), Sch. 3 para. 31(b); S.I. 2017/1286, reg. 2(d)

[^key-ea35e15dca715cdb447e8f8c16134147]: Words in Sch. 22 para. 5 substituted (28.12.2017) by Digital Economy Act 2017 (c. 30), s. 118(6), Sch. 3 para. 31(a); S.I. 2017/1286, reg. 2(d)

[^key-e48ad1a7e7d6c214439ff825195a2f16]: S. 24(2) applied (1.1.2018) by The Water Abstraction and Impounding (Exemptions) Regulations 2017 (S.I. 2017/1044), regs. 1, 4(6)

[^key-681ee40b8eed88eed6a56cde3f428e72]: S. 24(2) excluded (1.1.2018) by The Water Abstraction and Impounding (Exemptions) Regulations 2017 (S.I. 2017/1044), regs. 1, 9(1)

[^key-57d83bc699411fc025f7354508252a1f]: S. 21(10) added (1.1.2018) by Water Act 2003 (c. 37), ss. 8(2)(b), 105(3); S.I. 2017/1043, art. 2(c)

[^key-34fd56652419e6b6ee105445ecc0d3a4]: Words in s. 21(9) repealed (1.1.2018) by Water Act 2003 (c. 37), ss. 8(2)(a), 105(3), Sch. 9 Pt. 1; S.I. 2017/1043, art. 2(c)(h)

[^key-f008500344d8652125e48f49e7bf4e0b]: S. 26 substituted (1.1.2018) by Water Act 2003 (c. 37), ss. 5, 105(3); S.I. 2017/1043, art. 2(a)

[^key-a42b510f6161e172a3a569c707b2508d]: S. 29(1A) inserted (1.1.2018) by Water Act 2003 (c. 37), ss. 7(2), 105(3); S.I. 2017/1043, art. 2(b)

[^key-0e9ea818bf85dda535a4b2ca10539d2e]: S. 29(2)-(2C) substituted for s. 29(2) (1.1.2018) by Water Act 2003 (c. 37), ss. 7(3), 105(3); S.I. 2017/1043, art. 2(b) (as amended (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 417(2)(a) (with Sch. 7))

[^key-d8e1ca401fd89a1180f2689fee186356]: S. 29(3) repealed (1.1.2018) by Water Act 2003 (c. 37), ss. 7(4), 105(3), Sch. 9 Pt. 1; S.I. 2017/1043, art. 2(b)(h)

[^key-fd044321914f70710b58270b5e030408]: S. 29(5) substituted (1.1.2018) by Water Act 2003 (c. 37), ss. 7(5), 105(3); S.I. 2017/1043, art. 2(b)

[^key-31b24be862ea95c2e1950a152bf26256]: Words in s. 40(4)(b) substituted (1.1.2018) by Water Act 2003 (c. 37), s. 105(3), Sch. 7 para. 3; S.I. 2017/1043, art. 2(g)

[^key-07ca532f0ea76ee3ee195ff906c459fe]: Words in s. 57(3) substituted (1.1.2018) by Water Act 2003 (c. 37), s. 105(3), Sch. 7 para. 5; S.I. 2017/1043, art. 2(g)

[^key-47efe5df12c05ccf1009d70289079a8b]: Word in s. 71(4) repealed (1.1.2018) by Water Act 2003 (c. 37), s. 105(3), Sch. 7 para. 9, Sch. 9 Pt. 3; S.I. 2017/1043, art. 2(g)

[^key-941c43b702406daf468c180a0a7bccbb]: S. 222 substituted (1.7.1997 for certain purposes, 1.1.2018 in so far as not already in force) by 1995 c. 25, ss. 116, 125(2), Sch. 21 Pt. I para. 2(4) (with ss. 7(6), 115, 117); S.I. 1997/1626, art. 2 (with transitional provisions in art. 3); S.I. 2017/1045, art. 2(b)

[^key-48c7cf297a234ca86faec502c1605203]: S. 223 repealed (1.1.2018) by Water Act 2003 (c. 37), ss. 32, 105(3), Sch. 9 Pt. 1; S.I. 2017/1043, art. 2(d)(h)

[^key-d45e1909eeeecfdce0c9028302352262]: S. 24(1) excluded (2.1.2018) by The Boston Barrier Order 2017 (S.I. 2017/1329), arts. 1, 20(1) (with arts. 55-57, Sch. 8 para. 13)

[^key-caf33c50c09029a51c0176df4a30c745]: S. 25 excluded (2.1.2018) by The Boston Barrier Order 2017 (S.I. 2017/1329), arts. 1, 20(2) (with arts. 55-57, Sch. 8 para. 13)

[^key-91b98bfa68465c7132da7886bcad2f7f]: S. 48A(1) excluded (2.1.2018) by The Boston Barrier Order 2017 (S.I. 2017/1329), arts. 1, 20(3) (with arts. 20(4), 55-57, Sch. 8 para. 13)

[^key-f0902afb1565eb3970fc715cd91837b6]: S. 48A(1) applied (2.1.2018) by The Boston Barrier Order 2017 (S.I. 2017/1329), arts. 1, 20(5) (with arts. 55-57, Sch. 8 para. 13)

[^key-8c93765a905fe22210ac2232e950227b]: S. 48A(5) excluded (2.1.2018) by The Boston Barrier Order 2017 (S.I. 2017/1329), arts. 1, 20(6) (with arts. 55-57, Sch. 8 para. 13)

[^key-b394a50c75a96fb617318640417c30dd]: Words in s. 198(1) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 15(2)(a); S.I. 2018/241, reg. 2(t) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 30)

[^key-7c7fb10745f2b32871654174d6125cc7]: Word in s. 198(2)(a) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 15(2)(b); S.I. 2018/241, reg. 2(t) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 30)

[^key-2312001126c5f8a1f5c574b2305f6478]: Word in s. 198(2)(b) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 15(2)(c); S.I. 2018/241, reg. 2(t) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 30)

[^key-089fc5448844ef8a739bdad4e11024f6]: Word in s. 198(2)(c) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 15(2)(c); S.I. 2018/241, reg. 2(t) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 30)

[^key-ba6fdeb5255f900686f3ab3f9b78c97b]: Word in s. 198(4) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 15(2)(d); S.I. 2018/241, reg. 2(t) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 30)

[^key-08c5db70bc592be1f10d9125ea5bada9]: Words in s. 205(1) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 15(3)(a)(i); S.I. 2018/241, reg. 2(t) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 30)

[^key-aaf7166bc69e52f90977e6e12b233529]: Word in s. 205(1) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 15(3)(a)(ii); S.I. 2018/241, reg. 2(t) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 30)

[^key-9a38535b08e059afaf869b4b24b47f09]: Word in s. 205(2) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 15(3)(b)(i); S.I. 2018/241, reg. 2(t) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 30)

[^key-9c0e785d22be322d07db441dbd45742f]: Word in s. 205(2) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 15(3)(b)(ii); S.I. 2018/241, reg. 2(t) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 30)

[^key-66380d9924de554bcc378e7c24aaa470]: Word in s. 205(4) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 15(3)(b)(i); S.I. 2018/241, reg. 2(t) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 30)

[^key-a73ac9221e526440d5fa2d07efe63371]: Word in s. 205(4) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 15(3)(b)(ii); S.I. 2018/241, reg. 2(t) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 30)

[^key-14580f07f519ee712167fc00946466d0]: S. 24 excluded (31.5.2018) by The Silvertown Tunnel Order 2018 (S.I. 2018/574), arts. 1(2), 3(1)(m)

[^key-aa271fd8e54c78df7eaa29f6910ed747]: Words in s. 93(7) inserted (17.9.2018) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) Regulations 2018 (S.I. 2018/942), regs. 1(2), 29

[^M_F_20f3c3ea-418e-495a-f406-6a3fc5e06622]: Word in s. 221(1) omitted (6.4.2016) by virtue of The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2016 (S.I. 2016/475), reg. 1(2), Sch. 3 para. 2(a) (with regs. 31-33)

[^M_F_5253d1a2-1269-4dbf-8803-80467050de91]: S. 61A repealed (14.7.2014) by Water Act 2014 (c. 21), ss. 58(3), 94(2)(l)

[^M_F_0a8ae8b2-34ab-4064-ee6d-ac2cbbd1115a]: Words in s. 61(1) inserted (14.7.2014) by Water Act 2014 (c. 21), ss. 58(2), 94(2)(l)

[^key-2b2a9ea5aa1256abf83aabeecee5ec8f]: S. 93(2C) omitted (31.12.2020) by virtue of The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/558), regs. 1(1), 4(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-53882132bcccd3b0dea493b1816b2146]: Words in s. 93(1B) substituted (31.12.2020) by The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/558), regs. 1(1), 4(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-217005b9474e0a36758356fe27207c73]: Words in s. 93(7) inserted (31.12.2020) by The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/558), regs. 1(1), 4(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

[^key-2d982e4f314efd9f2e138305aa19ff79]: Word in s. 102 heading inserted (31.12.2020) by The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/558), regs. 1(1), 4(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-979b194255cda1d99fac5415fc69fa1b]: Words in s. 102 omitted (31.12.2020) by virtue of The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/558), regs. 1(1), 4(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-91b0595097dec64c5eb111309c4c60dc]: S. 102(a) substituted (31.12.2020) by The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/558), regs. 1(1), 4(3)(c); 2020 c. 1, Sch. 5 para. 1(1)

[^key-e98a3af2259ae081610dd13fa63e59ba]: Words in s. 102(b) inserted (31.12.2020) by The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/558), regs. 1(1), 4(3)(d); 2020 c. 1, Sch. 5 para. 1(1)

[^key-b16ffba9baba33628b07a4cdae087b63]: Word in s. 116 heading inserted (31.12.2020) by The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/558), regs. 1(1), 4(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-307504dc223294f6b03d6c18fdda96ef]: Words in s. 116(1) omitted (31.12.2020) by virtue of The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/558), regs. 1(1), 4(4)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

[^key-c6a0220f8cb656251f5911d84b6ac5b0]: S. 116(1)(a) substituted (31.12.2020) by The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/558), regs. 1(1), 4(4)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

[^key-50dcc5cc0423090e1fa365a255a16972]: Words in s. 116(1)(b) inserted (31.12.2020) by The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/558), regs. 1(1), 4(4)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

[^key-680b0f6419bc8dbe9657e78ba1d0f974]: S. 161ZA(3) omitted (31.12.2020) by virtue of The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/558), regs. 1(1), 4(5); 2020 c. 1, Sch. 5 para. 1(1)

[^key-014bfbf359d1b1c1faa6f91ee02fcceb]: S. 161ZB(3) omitted (31.12.2020) by virtue of The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/558), regs. 1(1), 4(5); 2020 c. 1, Sch. 5 para. 1(1)

[^key-ee8f317b344372181e673b9070924136]: Words in s. 161ZC(8) omitted (31.12.2020) by virtue of The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/558), regs. 1(1), 4(6)(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-c277d51dd32606c74f6d0d0d66dcad28]: S. 161ZC(9) inserted (31.12.2020) by The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/558), regs. 1(1), 4(6)(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-485f2ee03979fae921af58f3358c37ec]: Words in s. 204(2)(k) substituted (31.12.2020) by The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/558), regs. 1(1), 4(7); 2020 c. 1, Sch. 5 para. 1(1)

[^key-5c45926cd229faea25f4f82215cc768a]: Words in Sch. 6 para. 1(4)(a) substituted (6.9.2015 for specified purposes, 7.1.2021 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 2 para. 16(a); S.I. 2021/7, reg. 2(c)

[^key-fc5259ee9e90849e64210ff277f4ac31]: Words in Sch. 6 para. 1(4)(a) substituted (21.1.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(1)(e), Sch. 9 para. 30(a)

[^key-d4da858a21138b0a6de6c930f280a81b]: Sch. 6 para. 1(6)(ba) substituted (21.1.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(1)(e), Sch. 9 para. 30(b)

[^key-e58aaa6a8c6306aff579e1cb22294cf1]: Words in Sch. 25 para. 5(4)(b) substituted (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 32(2)(a) (with Sch. 4 para. 31)

[^key-6a5bd6b62ed4fc944cc6d3d471615898]: Words in Sch. 25 para. 5(4)(b) substituted (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 32(2)(b) (with Sch. 4 para. 31)

[^key-a1b73beb7ffc0a2dce0afad00ffdb163]: Words in Sch. 25 para. 5(4)(c) substituted (23.1.2021) by virtue of Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 32(3)(a) (with Sch. 4 para. 31)

[^key-d3ce3193199cbfcbde42da9774cb0560]: Words in Sch. 25 para. 5(4)(c) substituted (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 32(3)(b) (with Sch. 4 para. 31)

[^key-7a244ab62a4263a1e081c7dd8707a875]: S. 24(1) restricted (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 21 para. 1

[^key-da667f667ccee59ab7416071ebb37a06]: S. 25 excluded (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 21 para. 2

[^key-3227acad70afeb94a4fec97535257028]: S. 48A(1) excluded (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 21 para. 3(1)

[^key-d47066cc1b77707e744b4713f7338ac0]: S. 48A(5) excluded (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 21 para. 3(4)

[^M_C_6b430ce7-f690-4bd8-8371-36a8120c9bb8]: S. 48A(1) excluded (5.9.2017) by The London Overground (Barking Riverside Extension) Order 2017 (S.I. 2017/830), arts. 1, 15(2) (with Sch. 8 para. 20)

[^M_C_48de2ffd-7a84-43b4-8c7f-2af6ef9242d1]: S. 48A(1) applied (5.9.2017) by The London Overground (Barking Riverside Extension) Order 2017 (S.I. 2017/830), arts. 1, 15(4) (with Sch. 8 para. 20)

[^M_C_28968c31-0224-4655-ecb5-e99eb7a0ec96]: S. 48A(5) excluded (5.9.2017) by The London Overground (Barking Riverside Extension) Order 2017 (S.I. 2017/830), arts. 1, 15(5) (with Sch. 8 para. 20)

[^key-d8ee13fd67e311360e2cfa7854a0aabc]: Ss. 61ZA, 61ZB inserted (9.1.2022) by Environment Act 2021 (c. 30), ss. 88(1), 147(2)(k) (with s. 144)

[^key-1cfd14d30d3a4dc73d72d5da118a556a]: S. 24(1) excluded (25.3.2022) by The Bridgwater Tidal Barrier Order 2022 (S.I. 2022/299), arts. 1, 20(1) (with art. 55)

[^key-4ff11bd289593b7e24a43757602c2a89]: S. 25 excluded (25.3.2022) by The Bridgwater Tidal Barrier Order 2022 (S.I. 2022/299), arts. 1, 20(2) (with art. 55)

[^key-7d0c5ddff3708b49324c0644dafb44fd]: S. 48A(1) excluded (25.3.2022) by The Bridgwater Tidal Barrier Order 2022 (S.I. 2022/299), arts. 1, 20(3) (with arts. 20(4)(5), 55)

[^key-013edcfcaf453caebe54df81db35b645]: S. 48A(5) excluded (25.3.2022) by The Bridgwater Tidal Barrier Order 2022 (S.I. 2022/299), arts. 1, 20(6) (with art. 55)

[^key-df0cc29c14f131ef6119e859cf2c09fd]: S. 158 applied (25.3.2022) by The Bridgwater Tidal Barrier Order 2022 (S.I. 2022/299), arts. 1, 66(3) (with art. 55)

[^key-f3093474520ff3f738ca2fceea1f4aa1]: Sch. 25 para. 5 excluded (8.9.2022) by The A428 Black Cat to Caxton Gibbet Development Consent Order 2022 (S.I. 2022/934), arts. 1, 3(2)(b)

[^key-837e67529df027e570e0dab9cc3a34be]: Sch. 25 para. 6 excluded (8.9.2022) by The A428 Black Cat to Caxton Gibbet Development Consent Order 2022 (S.I. 2022/934), arts. 1, 3(2)(b)

[^key-1171c075a9f4d768b3717dfecd7f472a]: Sch. 25 para. 6A excluded (8.9.2022) by The A428 Black Cat to Caxton Gibbet Development Consent Order 2022 (S.I. 2022/934), arts. 1, 3(2)(b)

[^key-0dcbd5514cb2ce653f139999f247f08c]: Word in s. 102(a) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 31(2)(a)

[^key-8153b361e85b13bec248a9e4a64f12d1]: Word in s. 116(1)(a) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 31(2)(b)

[^key-2e4701f47225a5998dfb01ae68a53766]: Words in s. 204(2)(k) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 31(3)

[^key-1e3898b0884384e25037165d2f1b1427]: S. 24 excluded (13.3.2024) by The Medworth Energy from Waste Combined Heat and Power Facility Order 2024 (S.I. 2024/230), arts. 1, 6 (with Sch. 11 paras. 5, 22, 37, 47, 82, 110)

[^key-9ca280c338ffbc13b0643878698811fb]: S. 46B inserted (24.2.2025) by Water (Special Measures) Act 2025 (c. 5), ss. 9, 17(2)(f)

[^key-928dfe472bc1a70402b40011d4eaa30f]: Words in Sch. 24 Pt. 2 omitted (6.4.2025) by virtue of The Digital Markets, Competition and Consumers Act 2024 (Consequential Amendments) Regulations 2025 (S.I. 2025/381), reg. 1(2), Sch. para. 11(a)

[^key-4cf621c0b21a39d6b4262ab18ae93177]: S. 32 excluded (15.4.2025) by The A122 (Lower Thames Crossing) Development Consent Order 2025 (S.I. 2025/462), arts. 1, 53(1) (with arts. 5, 43, 53(7), Sch. 14)

[^key-65fcec4a895351116f1525079994518a]: S. 23 excluded (15.4.2025) by The A122 (Lower Thames Crossing) Development Consent Order 2025 (S.I. 2025/462), arts. 1, 53(1) (with arts. 5, 43, 53(7), Sch. 14)

[^M_F_b793dede-cc13-461e-8818-104206d185fe]: Words in Sch. 24 Pt. 2 inserted (6.4.2025 for specified purposes, 1.1.2026 for specified purposes) by The Digital Markets, Competition and Consumers Act 2024 (Consequential Amendments) Regulations 2025 (S.I. 2025/381), reg. 1(2)(4), Sch. para. 11(b)

27A
  • (1) The Secretary of State may by order made by statutory instrument provide that section 27(1) above is to have effect in relation to—
  • (a) a geographical area; or
  • (b) a class of inland waters; or
  • (c) a class of underground strata; or
  • (d) a class of inland waters or of underground strata within a geographical area,

(in each case as specified in the order) as if for “twenty cubic metres” there were substituted another quantity specified in the order.

  • (2) The Secretary of State shall not make such an order except upon the application of the appropriate agency; but he may direct the appropriate agency to make such an application.
  • (3) Such an order may—
  • (a) make different provision in relation to the different paragraphs in subsection (1) above; and
  • (b) make different provision for different areas, waters or underground strata.
  • (4) Schedule 6 to this Act shall have effect with respect to applications for orders under subsection (1) above and with respect to the making of such orders.
  • (5) An order under subsection (1) above which specifies a greater quantity than the one which previously had effect in relation to the area, waters or strata in question may make provision for a licence to abstract water granted under this Chapter—
  • (a) which is for the time being in force; but
  • (b) which by virtue of the order has become wholly or partly unnecessary,

to cease to have effect, or to cease to have effect to the extent specified in the order.

  • (6) An order under subsection (1) above may include provision for or in relation to the payment by the appropriate agency of compensation, in cases specified in the order, to a person who—
  • (a) immediately before the making of an order under subsection (1) above, had been in a position to carry out an abstraction to which, by virtue of section 27(1) above, the restriction on abstraction did not apply;
  • (b) following the making of that order, requires a licence under this Chapter in order to carry out that abstraction; and
  • (c) has suffered loss or damage as a result of his having been—
  • (i) refused such a licence in respect of that abstraction; or
  • (ii) granted such a licence, but in respect of an abstraction of more limited extent than the one he had been in a position to carry out.
  • (7) Paragraphs (e) and (f) of section 219(2) below apply in relation to orders under subsection (1) above as they apply to regulations made under this Act.
  • (8) A statutory instrument containing an order under subsection (1) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
33A
  • (1) The Secretary of State may make regulations providing for further cases in which—
  • (a) the restriction on abstraction (and, in the case of abstractions from underground strata, the other restrictions imposed by section 24 above); or
  • (b) the restriction on impounding works,

shall not apply; and in this section such a case is referred to as an “exemption”.

  • (2) The regulations may, in particular, make provision, in relation to an exemption—
  • (a) for the exemption to apply only for a prescribed period;
  • (b) for the exemption not to apply unless prescribed conditions are satisfied, or continue to be satisfied;
  • (c) for the appropriate agency to be notified, or its consent obtained—
  • (i) before any particular abstraction operation or series of such operations begins; or
  • (ii) in connection with such an operation or series of operations relating to the abstraction of water in underground strata, before any other thing which is mentioned in section 24(2) above is done; or
  • (iii) before any impounding works are constructed or altered,

in reliance on the exemption.

  • (3) The regulations may provide for an exemption to apply generally or to relate to—
  • (a) a prescribed geographical area;
  • (b) a prescribed source of supply (in the case of an exemption from the restriction on abstraction or the other restrictions imposed by section 24 above); or
  • (c) prescribed inland waters (in the case of an exemption from the restriction on impounding works).
  • (4) Subject to subsection (5) below, if regulations under this section provide for an exemption falling within subsection (1)(a) above, the regulations shall—
  • (a) if appropriate, make provision for the exemption not to permit a person who is authorised by a licence under this Chapter to carry on an abstraction operation (or series of operations) to carry it on beyond the authorisation conferred by the licence; and
  • (b) make provision as to whether or not, in relation to any abstraction, the exemption provided for by the regulations is to be counted cumulatively with any other exemption which a person has by virtue of this section or section 27 above.
  • (5) The regulations may make provision for a licence granted under this Chapter and which is for the time being in force to cease to have effect, or to cease to have effect to the extent specified in the regulations, if it authorises an activity which falls to any extent within the exemption provided for by the regulations.
39B
  • (1) The Secretary of State may by regulations make provision for and in connection with the establishment, and for the keeping and maintenance by the appropriate agency, of one or more registers of protected rights which arise otherwise than by virtue of a licence under this Chapter to abstract water.
  • (2) The regulations may, in particular, provide for—
  • (a) a register to relate to a prescribed geographical area, or for different sections of a register to relate to different geographical areas (whether prescribed or not);
  • (b) the inclusion of protected rights which arise other than by virtue of any provision of this Act;
  • (c) the form and contents of the register, and its inspection by members of the public;
  • (d) the procedure for applying for a protected right to be included in the register, including any information which is to accompany the application;
  • (e) cases in which it is the duty of the appropriate agency to include a protected right in the register without an application for inclusion having been made.
  • (3) The Secretary of State may by order designate any geographical area in respect of which a register, or a section of a register, relates as an area of compulsory registration.
  • (4) If he does so, a protected right in that area which is not registered shall not have effect as a protected right for any purpose of this Act (other than that of registering it) for so long as it is not registered.
  • (5) Subsection (4) above does not apply in relation to any protected right until after the expiry of the period of two years beginning with the date on which the order under subsection (3) above was made, or such longer period as may be specified in the order.
  • (6) An order under subsection (3) above may be made only on the application of the appropriate agency; but the Secretary of State may direct the appropriate agency to make such an application.
  • (7) Schedule 6 to this Act shall have effect with respect to applications for orders under subsection (3) above and with respect to the making of such orders.
  • (8) The power to make orders under this section shall be exercisable by statutory instrument; and a statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
  • (9) Paragraphs (d) to (f) of section 219(2) below apply in relation to orders under this section as they apply to regulations made under this Act.
46A
  • (1) If the condition in subsection (2) below is met, a full licence or a transfer licence whose term exceeded twelve months but whose expiry date (“the expiry date”) has passed shall be treated for all the purposes of this Act as not expiring until the date mentioned in subsection (4) below.
  • (2) The condition is that the appropriate agency receives, not later than the beginning of the period of three months ending on the expiry date (or such later date before the expiry date as the appropriate agency agrees), a valid application for a new licence—
  • (a) for abstraction from the same point as the abstraction licensed by the expiring licence;
  • (b) whose holder would be the same as the holder of the expiring licence; and
  • (c) which would take effect immediately after the expiry date.
  • (3) For the purposes of subsection (2) above, a “valid” application is one which complies with all the requirements of this Act in relation to the making of applications for licences of the type in question.
  • (4) The date referred to in subsection (1) above is whichever is the later of—
  • (a) if a new licence is granted (whether or not on the terms applied for), the date on which it takes effect;
  • (b) otherwise—
  • (i) except where the Secretary of State calls in an application under section 41 above, the expiry of the period for appealing under section 43 above, or if an appeal is brought, the date of its withdrawal; or
  • (ii) where the Secretary of State decides (under section 42 or 44 above) that no licence is to be granted, the date on which that decision is notified to the applicant.
20A
  • (1) The appropriate agency may enter into and maintain such arrangements with holders of abstraction licences other than water undertakers for securing the proper management or operation of—
  • (a) the waters from which they have the right by virtue of their licences to abstract water; and
  • (b) any reservoirs, apparatus or other works which are used for the purposes of or in connection with their abstractions and which belong to them, are operated by them or are otherwise under their control,

as the appropriate agency from time to time considers appropriate for the purpose of carrying out its functions under section 6(2) or, as the case may be, section 6(2A) of the 1995 Act.

  • (2) Without prejudice to the power of the appropriate agency and any holder of an abstraction licence to include any such provision as may be agreed between them in arrangements under this section, such arrangements may—
  • (a) make provision by virtue of subsection (1)(a) above with respect to the construction or installation of any reservoirs, apparatus or other works which the holder of the licence will use for the purposes of or in connection with his abstraction;
  • (b) contain provision requiring payments to be made by the appropriate agency to the holder of the licence; and
  • (c) require the reference to and determination by the Secretary of State or the Water Services Regulation Authority of questions arising under the arrangements.
  • (3) The appropriate agency shall send a copy of any arrangements entered into by it under this section to the Secretary of State.
  • (4) In this section, references to abstraction licences are to licences under Chapter 2 of this Part to abstract water.
20B
  • (1) This section applies where—
  • (a) the appropriate agency has sought to enter into arrangements acceptable to it under section 20 or 20A above, but is satisfied that the other party is unwilling to enter into such arrangements or to do so on terms appearing to the appropriate agency to be reasonable; or
  • (b) having entered into such arrangements, the appropriate agency has sought to renew or vary them but is satisfied that the other party is unwilling to do so or to do so on terms appearing to the appropriate agency to be reasonable.
  • (2) Where this section applies, the appropriate agency may refer to the Secretary of State the question (as the case may be)—
  • (a) whether such arrangements should be entered into, and if so, on what terms; or
  • (b) whether the arrangements should be renewed or varied (as the case may be), and if so, on what terms.
  • (3) If the Secretary of State determines that arrangements should be entered into or (as the case may be) renewed or varied, such arrangements on the terms determined by the Secretary of State shall be enforceable—
  • (a) by civil proceedings by the Secretary of State for an injunction or for any other appropriate relief; and
  • (b) where the other party is a water undertaker, also under section 18 of the Water Industry Act 1991 (enforcement orders) by the Secretary of State.
  • (4) The functions of the Secretary of State under subsection (2) above shall be treated for the purposes of section 114 of the 1995 Act (delegation or reference of appeals) as if they were functions to which paragraph (a) of subsection (1) of that section applied.
20C
  • (1) In the circumstances mentioned in subsection (2) below, the appropriate agency may, in carrying out its functions under section 6(2) or, as the case may be, section 6(2A) of the 1995 Act, propose to a qualifying person (within the meaning of section 40 of the Water Industry Act 1991) that he make an application under that section for a bulk supply of water from a water undertaker.
  • (2) The circumstances referred to in subsection (1) above are that it appears to the appropriate agency that such a bulk supply is necessary in order to secure the proper use of water resources.
  • (3) The appropriate agency shall not make such a proposal without first consulting the Water Services Regulation Authority.
  • (4) The appropriate agency may include in its proposal the period for which, and terms and conditions on which, the appropriate agency considers it appropriate that the bulk supply should be given.
61A

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

Form and contents of licences.

The Office of Fair Trading.

Determination of appeals.

Any Minister of the Crown.

39A
  • (1) For the purposes of this Chapter, a right is a protected right if—
  • (a) it is such a right as a person who is the holder of a full licence is taken to have by virtue of section 48(1) below;
  • (b) it is such a right as a person is taken to have by virtue of subsection (2) below;
  • (c) it is such a right as a person continues to be taken to have by virtue of subsection (7) below;
  • (d) it is such a right as a person is taken to have by virtue of subsection (10) of section 59C below;
  • (e) it is such a right as a person continues to be taken to have by virtue of a provision made under subsection (5)(b) of section 10 of the Water Act 2003 in an order made under that section; or
  • (f) it is such a right as a person continues to be taken to have by virtue of section 102(3) of that Act.
  • (2) A person who is in a position to carry out an abstraction of a quantity of water which—
  • (a) by virtue of section 27(1) above is not subject to the restriction on abstraction; and
  • (b) also falls within subsection (4) or (5) below,

shall be taken, for the purposes of this Chapter, to have a right to do so in respect of the maximum quantity mentioned in subsection (3) below.

  • (3) The maximum quantity is the lower of the following—
  • (a) twenty cubic metres;
  • (b) if, by virtue of an order under section 27A(1) above, section 27(1) above has, or has ever had, effect in relation to the source of supply and point of abstraction in question as if it referred to a quantity lower than twenty cubic metres, that lower quantity (or, if more than one, the lowest of them).
  • (4) An abstraction falls within this subsection if it is an abstraction from inland waters carried out by or on behalf of an occupier of land contiguous to those waters at the place where the abstraction is effected (“contiguous land”), and—
  • (a) the water is abstracted for use on a holding consisting of the contiguous land with or without other land held with that land; and
  • (b) it is abstracted for use on that holding for either or both of the following purposes—
  • (i) the domestic purposes of the occupier’s household;
  • (ii) agricultural purposes other than spray irrigation.
  • (5) An abstraction falls within this subsection if it is an abstraction from underground strata and the water is abstracted by or on behalf of an individual as a supply of water for the domestic purposes of his household.
  • (6) Subsection (2) above shall not apply to a person in respect of an abstraction which that person is, or was at any time, taken to have a right to carry out by virtue of any provision mentioned in paragraph (a), (c), (d), (e) or (f) of subsection (1) above.
  • (7) Subject to subsection (8) below, a person who was the holder of a full licence which has ceased to have effect (or has ceased in part to have effect) by virtue of—
  • (a) any provision made by virtue of section 27A(5) above in an order made under section 27A(1) above; or
  • (b) any provision made by virtue of section 33A(5) above in regulations made under section 33A above,

and who was taken in consequence of that licence (or that part of the licence) to have a right to abstract water by virtue of section 48(1) below shall continue to be taken to have that right for the purposes of this Chapter.

  • (8) For the purposes of this Chapter, the person who was the holder of the licence in question (“the old licence”) shall cease to continue to be taken to have a right, by virtue of subsection (7) above, to abstract water if—
  • (a) during a period mentioned in subsection (9) below he does not carry out any such abstraction as would have been authorised by the old licence if it had still been in force; or
  • (b) following a further order under section 27A(1) above or further regulations under section 33A above, he is granted another full licence in respect of abstraction from the same point as that authorised by the old licence.
  • (9) The period referred to in subsection (8)(a) above is—
  • (a) four years; or
  • (b) if the abstractions authorised under the old licence were abstractions planned to be carried out at intervals of more than four years, or abstractions for emergency purposes only, such longer period as the appropriate agency may determine on the application of the holder of the old licence.
  • (10) In subsections (8) and (9) above, references to the old licence, in the case of a licence which ceased to have effect only to the extent specified in the order or regulations referred to in subsection (7) above, are to the part of the licence which ceased to have effect.
  • (11) Any reference in this Chapter to the person entitled to a protected right shall be construed in accordance with this section.
  • (12) This section is subject to any provision made by virtue of subsection (3) of section 39B below, and to subsections (4) and (5) of that section.
48A
  • (1) Subject to subsection (7) below and to section 79 (including that section as applied by section 79A(9)) below, a person who abstracts water from any inland waters or underground strata (an “abstractor”) shall not by that abstraction cause loss or damage to another person.
  • (2) A person who suffers such loss or damage (a “relevant person”) may bring a claim against the abstractor.
  • (3) Such a claim shall be treated as one in tort for breach of statutory duty.
  • (4) In proceedings in respect of a claim under this section, the court may not grant an injunction against the abstractor if that would risk interrupting the supply of water to the public, or would put public health or safety at risk.
  • (5) Except as provided in this section, no claim may be made in civil proceedings by a person (whether or not a relevant person) against an abstractor in respect of loss or damage caused by his abstraction of water.
  • (6) Nothing in this section prevents or affects a claim for negligence or breach of contract.
  • (7) This section does not apply, and no claim may be brought under this section, where the loss or damage is caused by an abstractor acting in pursuance of a licence under this Chapter and is loss or damage—
  • (a) in respect of which a person is entitled to bring a claim under section 60 below (or would be so entitled if there were a breach of the duty referred to in that section);
  • (b) in respect of which a person would have been entitled to bring a claim under section 60 below but for an express provision (including, for example, section 39(1A) above and section 59C(6) below) disapplying that duty; or
  • (c) constituting grounds on which a person is entitled to apply to the Secretary of State under section 55 below (or would be so entitled but for subsection (2) of that section) for the revocation or variation of that licence,

but without prejudice to the application of section 48 above.

Application for combined abstraction and impounding licence.

24A
  • (1) Each licence to abstract water shall be of one of the following three types—
  • (a) a licence to abstract water from one source of supply over a period of twenty-eight days or more for any purpose (a “full licence”);
  • (b) a licence to abstract water from one source of supply over a period of twenty-eight days or more for the purpose of—
  • (i) transferring water to another source of supply; or
  • (ii) transferring water to the same source of supply, but at another point, in the course of dewatering activities in connection with mining, quarrying, engineering, building or other operations (whether underground or on the surface),

in either case without intervening use (a “transfer licence”);

  • (c) a licence to abstract water from one source of supply over a period of less than twenty-eight days (a “temporary licence”).
  • (2) In this Act, a reference (however expressed) to a licence to abstract water is to be taken as a reference to all types of licence, unless it is clear that a different meaning is intended.
25A
  • (1) Subject to the following provisions of this section, where it appears to the appropriate agency that a person is—
  • (a) in breach of section 24(1) or (2) or section 25(1) above; or
  • (b) for the purposes of section 24 or 25 above a holder of a licence under this Chapter and has not complied with a condition or requirement imposed by the provisions, as for the time being in force, of that licence,

the appropriate agency shall be entitled to serve an enforcement notice on him if the condition in subsection (2) below is satisfied.

  • (2) The condition is that it appears to the appropriate agency that the breach or failure to comply is causing or is likely to cause significant damage to the environment.
  • (3) An enforcement notice is a notice requiring the person on whom it is served—
  • (a) to cease his breach of section 24(1) or (2) or section 25(1) above, or to comply with the condition or requirement in question; and
  • (b) to carry out any works or operations specified in the notice.
  • (4) The works or operations which may be specified are works or operations which it appears to the appropriate agency are appropriate for the purpose of remedying or mitigating the effects of the breach or failure to comply, and may include—
  • (a) works or operations for the purpose, so far as it is reasonably practicable to do so, of restoring any affected waters, including any flora and fauna dependent on them, to their state immediately before the breach or failure to comply; and
  • (b) in the case of a breach of section 25(1) above, the removal of any unauthorised impounding works or the reversal of any unauthorised alteration to impounding works.
  • (5) An enforcement notice must specify the periods within which the person on whom it is served must do each of the things specified in the notice.
  • (6) Before serving an enforcement notice on any person, the appropriate agency shall take reasonable steps to consult that person about the works or operations which are to be specified in the notice.
  • (7) The Secretary of State may by regulations make provision for or in connection with—
  • (a) the form or content of enforcement notices;
  • (b) requirements for consultation, before the service of an enforcement notice, with persons other than the person upon whom the notice is to be served;
  • (c) steps to be taken for the purposes of any consultation required under subsection (6) above or regulations made by virtue of paragraph (b) above;
  • (d) any other steps of a procedural nature which are to be taken in connection with, or in consequence of, the service of an enforcement notice.
  • (8) An enforcement notice is not invalid, or invalidly served, merely because of a failure to comply with subsection (6) above or with regulations made by virtue of subsection (7)(b) above.
  • (9) The Secretary of State may, if he thinks fit in relation to any person, give directions to the appropriate agency as to whether or how it should exercise its powers under this section.
  • (10) In proceedings for any offence under section 24 or 25 above against a person upon whom an enforcement notice has been served, the following are not to be taken as evidence that he has committed the offence—
  • (a) the fact that an enforcement notice has been served on him;
  • (b) the fact that he does not appeal against it;
  • (c) the fact that on an appeal against it the notice is confirmed (whether with or without modifications).
25B

Sections 161B and 161C below (including any power to make regulations) shall apply in relation to enforcement notices as they apply in relation to works notices under section 161A below.

25C
  • (1) If a person on whom the appropriate agency serves an enforcement notice fails to comply with any of its requirements, he shall be guilty of an offence.
  • (2) A person who commits an offence under subsection (1) above shall be liable on summary conviction, or on conviction on indictment, to a fine.
  • (3) If a person on whom an enforcement notice has been served fails to comply with any of its requirements, the appropriate agency may do what that person was required to do and may recover from him any costs or expenses reasonably incurred by the appropriate agency in doing it.
  • (4) If the appropriate agency is of the opinion that proceedings for an offence under subsection (1) above would afford an ineffectual remedy against a person who has failed to comply with the requirements of an enforcement notice, the appropriate agency may take proceedings in the High Court for the purpose of securing compliance with the notice.
36A
  • (1) The appropriate agency may decide that—
  • (a) an application for a full licence, a transfer licence or a temporary licence ought to be for one of the other types of licence;
  • (b) a number of applications for licences (of any type or types) to abstract water from a particular source of supply ought to be treated as an application for a single such licence (of any type);
  • (c) an application for a single licence (of any type) to abstract water from a particular source of supply ought to be treated as a number of applications for such licences (of any type or types); or
  • (d) any such application as is referred to above ought to be accompanied by an application for revocation of an existing licence to abstract water.
  • (2) The appropriate agency may arrive at the decision referred to in paragraph (a), (b), (c) or (d) of subsection (1) above on the basis of its assessment of any one or more of the following—
  • (a) the likely effect of the abstraction (or abstractions) for which the applicant has applied for a licence (or licences);
  • (b) the likely effect of that abstraction (or those abstractions) taken together with abstractions under any other licence held by the applicant, or abstractions which would be authorised under any other licence for which the applicant has applied;
  • (c) any other prescribed matter.
  • (3) If the appropriate agency does so decide, it shall serve a notice of its decision on the applicant; and, subject to subsections (4) to (8) below, shall deal with the application (or applications) accordingly (which, if the appropriate agency made the decision referred to in paragraph (d) of subsection (1) above in relation to any application (or applications), means not publishing any notice under section 37 below, or taking any further step in connection with the application (or applications), until the application for revocation has been received).
  • (4) The applicant may by notice appeal to the Secretary of State against the decision, and shall serve a copy of any such notice on the appropriate agency.
  • (5) That notice, and the copy of it, shall be served in such manner and within such period as may be prescribed.
  • (6) If the appropriate agency serves a notice under subsection (3) above, it shall not publish any notice under section 37 below, or take any further step in connection with the application (or applications), before—
  • (a) the end of the period within which notice of an appeal may be served on the Secretary of State; or

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