Legalize / United Kingdom / Public General Act

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

(3) Schedule 19 to this Act shall have effect with respect to applications for compulsory works orders and with respect to such orders.

(4) Subject to the provisions of Schedule 19 to this Act, a compulsory works order may—

(a) without prejudice to section 154 above, confer power to acquire compulsorily any land, including—

(i) power to acquire interests in and rights over land by the creation of new rights and interests; and

(ii) power, by the compulsory acquisition by the appropriate agency of any rights over land which is to be or has been acquired by the appropriate agency, to extinguish any such rights;

(b) apply for the purposes of the order, either with or without modifications, any of the relevant provisions of this Part which do not apply for those purposes apart from by virtue of this paragraph;

(d) amend or repeal any local statutory provision;

(e) contain such supplemental, consequential and transitional provision as the Minister making the order considers appropriate;

and section 156(1) above shall apply in relation to the powers conferred by virtue of this section as it applies in relation to the power conferred by section 154 above.

(5) Without prejudice to any duty imposed by virtue of section 184 below, where—

(a) either of the Ministers makes a compulsory works order authorising the appropriate agency to carry out works for or in connection with the construction or operation of a reservoir or conferring compulsory powers for that purpose on the appropriate agency; and

(b) it appears to him that the works to be carried out may permanently affect the area in which they are situated and are not primarily intended to benefit the inhabitants of that area,

he may include in the order provision with respect to facilities for recreation or other leisure-time occupation for the benefit of those inhabitants.

(6) Nothing in any compulsory works order shall exempt the appropriate agency from any restriction imposed by Chapter II of Part II of this Act.

(7) It is hereby declared that a compulsory works order may grant authority for discharges of water by the appropriate agency where the appropriate agency has no power to take water, or to require discharges to be made, from the inland waters or other source from which the discharges authorised by the order are intended to be made; but nothing in so much of any such order as grants authority for any discharges of water shall have the effect of conferring any such power.

(8) In this section the reference to the relevant provisions of this Part is a reference to the provisions of this Part except sections 155 to 158 and 165 to 167 above.

(9) In this section, in relation to the NRBW, references to functions have effect as references to relevant transferred functions.

CHAPTER II — POWERS OF ENTRY

Powers of entry for enforcement purposes

169

(1) Any person designated in writing for the purpose by either of the Ministers, by the Agency, or by the NRBW, may—

(a) enter any premises or vessel for the purpose of ascertaining whether any provision of an enactment to which this section applies, of any subordinate legislation or other instrument made by virtue of any such enactment or of any byelaws made by the Agency or of any relevant byelaws made by the NRBW is being or has been contravened; and

(b) carry out such inspections, measurements and tests on any premises or vessel entered by that person or of any articles found on any such premises or vessel, and take away such samples of water or effluent or of any land or articles, as that Minister, the Agency, or the NRBW—

(i) considers appropriate for the purpose mentioned in paragraph (a) above; and

(ii) has authorised that person to carry out or take away.

(2) The powers conferred by subsection (1) above in relation to any premises shall include power, in order to obtain information for the purpose mentioned in subsection (1)(a) above—

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

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

(3) Subject to subsection (4) below,this section applies to any enactment contained in this Act and to any other enactment under or for the purposes of which the Agency carries out functions or the NRBW carries out relevant transferred functions.

(3A) The Agency may designate a person under subsection (1) in relation to—

(a) any provision made by or under this Act, so far as it applies otherwise than in relation to Wales;

(b) any provision made by or under any other enactment, if the Agency carries out functions under or for the purposes of that provision;

(3B) The NRBW may designate a person under subsection (1) in relation to—

(a) any provision made by or under this Act, so far as it applies in relation to Wales;

(b) any provision made by or under any other enactment, if the NRBW carries out relevant transferred functions under or for the purposes of that provision;

(4) The powers conferred by this section shall not have effect for the purposes of any of the Agency’s or the NRBW's pollution control functions, within the meaning of section 108 of the 1995 Act.

(5) In this section, “relevant byelaws” means byelaws made (or treated as if made) by the NRBW in the exercise of any relevant transferred functions.

Power of entry for certain works purposes

170

(1) Any person designated in writing for the purpose by the Agency or by the NRBW may enter any premises for any of the purposes specified in subsection (2) below.

(2) The purposes mentioned in subsection (1) above are—

(a) the carrying out of any survey or tests for the purpose of determining—

(i) whether it is appropriate and practicable for the Agency or the NRBW to exercise any relevant works power; or

(ii) how any such power should be exercised;

(b) the exercise of any such power.

(3) The power by virtue of subsection (1) above of a person designated by the Agency or by the NRBW to enter any premises for the purposes of carrying out any survey or tests shall include power—

(a) to carry out experimental borings or other works for the purpose of ascertaining the nature of the sub-soil; and

(b) to take away and analyse such samples of water or effluent or of any land or articles as the Agency or the NRBW considers necessary for the purpose of determining either of the matters mentioned in subsection (2)(a) above and has authorised that person to take away and analyse.

(4) In this section “relevant works power” means any power conferred by any of the provisions of sections 159, 160, 162(2) and (3) and 163 above.

Power to carry out surveys and to search for water

171

(1) Without prejudice to the rights and powers conferred by the other provisions of this Chapter, any person designated in writing under this section by the Agency or by the NRBW may enter any premises for any of the purposes specified in subsection (2) below.

(2) The purposes mentioned in subsection (1) above are the carrying out of any survey or tests for the purpose of determining—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) whether it would be appropriate for the Agency or the NRBW to apply for an order under section 168 above and what compulsory powers it would be appropriate to apply for under that section.

(3) The power by virtue of subsection (1) above of a person designated under this section to enter any premises for the purpose of carrying out any survey or tests shall include power—

(a) to carry out experimental borings or other works for the purpose of ascertaining the nature of the sub-soil, the presence of underground water in the sub-soil or the quantity or quality of any such water;

(b) to install and keep monitoring or other apparatus on the premises for the purpose of obtaining the information on which any such determination as is mentioned in subsection (2) above may be made; and

(c) to take away and analyse such samples of water or of any land or articles as the Agency or the NRBW considers necessary for any of the purposes so mentioned and has authorised that person to take away and analyse.

(4) The powers conferred by this section or section 172 of the Housing and Planning Act 2016 shall not be exercised on behalf of the Agency or the NRBW in any case for purposes connected with the determination of—

(a) whether, where or how a reservoir should be constructed; or

(b) whether, where or how a borehole should be sunk for the purpose of abstracting water from or discharging water into any underground strata,

unless the Secretary of State has, in accordance with subsection (5) below, given his written authorisation in relation to that case for the exercise of those powers for those purposes.

(5) The Secretary of State shall not give his authorisation for the purposes of subsection (4) above unless—

(a) he is satisfied that notice of the proposal to apply for the authorisation has been given to the owner and to the occupier of the premises in question; and

(b) he has considered any representation or objections with respect to the proposed exercise of the powers under this section which—

(i) have been duly made to him by the owner or occupier of those premises, within the period of fourteen days beginning with the day after the giving of the notice; and

(ii) have not been withdrawn.

(6) In relation to the NRBW, the reference to functions in subsection (2)(a) has effect as a reference to relevant transferred functions.

Powers of entry for other purposes

172

(1) Any person designated in writing for the purpose by either of the Ministers, by the Agency, or by the NRBW may enter any premises or vessel for the purpose of—

(a) determining whether, and if so in what manner, any power or duty conferred or imposed on either of the Ministers, on the Agency, or on the NRBW, by virtue of any enactment to which this section applies (including a power of either or both of the Ministers to make subordinate legislation) should be exercised or, as the case may be, performed; or

(b) exercising or performing any power or duty which is so conferred or imposed.

(2) Any person designated in writing for the purpose by either of the Ministers, the Agency, or the NRBW, may—

(a) carry out such inspections, measurements and tests on any premises or vessel entered by that person under this section or of any articles found on any such premises or vessel; and

(b) take away such samples of water or effluent or of any land or articles,

as that Minister , the Agency, or the NRBW, considers appropriate for any purpose mentioned in subsection (1) above and has authorised that person to carry out or take away.

(3) Subject to subsection (3A) below,the powers which by virtue of subsections (1) and (2) above are conferred in relation to any premises for the purpose of enabling either of the Ministers, the Agency, or the NRBW, to determine whether or in what manner to exercise or perform any power or duty conferred or imposed on him or it by or under the water pollution provisions of this Act shall include power, in order to obtain the information on which that determination may be made—

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

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

(3A) The powers conferred by this section shall not have effect for the purposes of any of the Agency’s or the NRBW's pollution control functions, within the meaning of section 108 of the 1995 Act.

(4) This section applies to any enactment contained in this Act and to any other enactment under or for the purposes of which the Agency or the NRBW carries out functions.

(5) In relation to the NRBW, the reference to functions in subsection (4) has effect as a reference to relevant transferred functions.

Powers of entry: supplemental provisions

173

Schedule 20 to this Act shall have effect with respect to the powers of entry and related powers which are conferred by the preceding provisions of this Chapter.

Impersonation of persons exercising powers of entry

174

(1) A person who, without having been designated or authorised for the purpose by the Agency or by the NRBW, purports to be entitled to enter any premises or vessel in exercise of a power exercisable in pursuance of any such designation or authorisation shall be guilty of an offence and liable—.

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

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.

(2) For the purposes of this section it shall be immaterial, where a person purports to be entitled to enter any premises or vessel, that the power which that person purports to be entitled to exercise does not exist, or would not be exercisable, even if that person had been designated or authorised by the Agency or by the NRBW.

chapter III — PROVISIONS SUPPLEMENTAL TO LAND AND WORK POWERS

Vesting of pipes in the appropriate agency

Vesting of pipes in the Authority

175

(1) Subject to any provision to the contrary contained in an agreement between the appropriate agency and the person in whom an interest in the pipe is or is to be vested, every pipe which—

(a) is a relevant pipe for the purposes of section 159 or 160 above; and

(b) has been laid, in exercise of any power conferred by Chapter I of this Part or otherwise, by the appropriate agency,

shall vest in the appropriate agency.

(2) Subsection (1) above is without prejudice to the vesting of anything in the appropriate agency by virtue of the exercise by the appropriate agency of any power to acquire property by agreement or compulsorily.

Offence of interference with works etc.

Offence of interference with works etc

176

(1) Subject to subsection (2) below, if any person without the consent of the appropriate agency—

(a) intentionally or recklessly interferes with any resource main or other pipe vested in the appropriate agency or with any structure, installation or apparatus belonging to the appropriate agency; or

(b) by any act or omission negligently interferes with any such main or other pipe or with any such structure, installation or apparatus so as to damage it or so as to have an effect on its use or operation,

that person shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(2) A person shall not be guilty of an offence under subsection (1) above—

(a) by reason of anything done in an emergency to prevent loss or damage to persons or property; or

(b) by reason of his opening or closing the stopcock fitted to a service pipe by means of which water is supplied to any premises by a water undertaker if—

(i) he has obtained the consent of every consumer whose supply is affected by the opening or closing of that stopcock or, as the case may be, of every other consumer whose supply is so affected; and

(ii) in the case of opening a stopcock, the stopcock was closed otherwise than by the undertaker.

(3) Any person who without the consent of the appropriate agency—

(a) attaches any pipe or apparatus to any resource main or other pipe vested in the appropriate agency; or

(b) subject to subsection (4) below, uses any pipe or apparatus which has been attached or altered in contravention of this section,

shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(4) In proceedings against any person for an offence by virtue of paragraph (b) of subsection (3) above it shall be a defence for that person to show that he did not know, and had no grounds for suspecting, that the pipe or apparatus in question had been attached or altered as mentioned in that subsection.

(5) An offence under subsection (1) or (3) above shall constitute a breach of a duty owed to the appropriate agency; and any such breach of duty which causes the appropriate agency to sustain loss or damage shall be actionable at the suit of the appropriate agency.

(6) The amount recoverable by virtue of subsection (5) above from a person who has committed an offence under subsection (3) above shall include such amount as may be reasonable in respect of any water wasted, misused or improperly consumed in consequence of the commission of the offence.

(7) In this section “service pipe” and “stopcock” have the same meanings as in the Water Industry Act 1991, and “consumer” has the same meaning as in Part III of that Act.

Compensation etc. in respect of exercise of works powers

177

Schedule 21 to this Act shall have effect for making provision for imposing obligations as to the payment of compensation in respect of the exercise of the powers conferred on the appropriate agency by sections 159 to 167 above and otherwise for minimising the damage caused by the exercise of those powers.

Protective provisions

Protection for particular undertakings

178

Schedule 22 to this Act shall have effect for the protection of particular undertakings in connection with the carrying out of works and other activities by the appropriate agency.

Protective provisions in respect of flood defence works and watercourses etc

179

(1) Nothing in this Act shall confer power on any person to do anything, except with the consent of the person who so uses them, which interferes—

(a) with any sluices, floodgates, groynes, sea defences or other works used by any person for draining, preserving or improving any land under any local statutory provision; or

(b) with any such works used by any person for irrigating any land.

(2) Where the appropriate agency proposes, otherwise than in exercise of any compulsory powers—

(a) to construct or alter any such inland waters in any internal drainage district as do not form part of a main river; or

(b) to construct or alter any works on or in any such inland waters,

the appropriate agency shall consult the internal drainage board for that district before doing so.

(3) A consent for the purposes of subsection (1) above may be given subject to reasonable conditions but shall not be unreasonably withheld.

(4) Any dispute—

(a) as to whether anything done or proposed to be done interferes or will interfere as mentioned in subsection (1) above;

(b) as to whether any consent for the purposes of this section is being unreasonably withheld; or

shall be referred to the arbitration of a single arbitrator to be appointed by agreement between the parties or, in default of agreement, by the President of the Institution of Civil Engineers.

(5) The provisions of this section shall be without prejudice to the provisions of Schedule 22 to this Act.

180

(1) Where any watercourses under the control of the appropriate agency pass under or interfere with, or with the improvement or alteration of, any river, canal, dock, harbour, basin or other work (including any towing-path adjacent thereto) which belongs to or is under the jurisdiction of any relevant authority, the relevant authority may, at their own expense and on substituting for those watercourses other equally effective watercourses—

(a) take up, divert or alter the level of those watercourses; and

(b) do all such matters and things as may be necessary in connection with the works authorised to be done by them under this section.

(2) If any question arises under this section between the appropriate agency and any relevant authority as to whether any watercourses substituted or proposed to be substituted by the relevant authority for any existing watercourses are as effective as the existing watercourses, that question shall be referred to the arbitration of a single arbitrator appointed by agreement between the parties or, in default of agreement, by the President of the Institution of Civil Engineers on the application of either party.

(3) In this section—

“relevant authority” means any navigation authority, harbour authority or conservancy authority; and

“watercourse” has the same meaning as in Part IV of this Act.

Works in tidal lands etc

181

(1) Nothing in any of the provisions of this Part relating to any relevant works power shall authorise the appropriate agency to carry out any works at any place below the place to which the tide flows at mean high water springs, except in accordance with such plans and sections, and subject to such restrictions, as may, before the works are commenced, have been approved by the Secretary of State.

(2) An approval for the purposes of subsection (1) above shall be given to the appropriate agency by the service on the appropriate agency of a notice containing the approval.

(3) Section 38 of the Salmon and Freshwater Fisheries Act 1975 (tidal lands etc.) shall apply to any proposed construction, alteration or extension under section 156 above as it applies to any proposed construction, alteration or extension under that Act.

(4) Section 74 of the Land Drainage Act 1991 (application to Crown and tidal lands), so far as it relates to lands below the high-water mark of ordinary spring tides shall apply, as it applies in relation to that Act, to the flood defence provisions of this Act.

(5) In subsection (1) above the reference to a relevant works power is a reference to a power conferred by any of sections 159, 160, 162(2) and (3) and 163 above.

Mineral rights

182

Schedule 23 to this Act (which makes provision with respect to the acquisition of mineral rights by the appropriate agency and with respect to the working of mines and minerals where pipes, sewers or other related works are affected) shall have effect and, in the case of the compulsory acquisition of land by virtue of this Act, shall have effect instead of Schedule 2 to the Acquisition of Land Act 1981 (mineral rights etc. in relation to compulsory purchase orders).

Saving for planning controls etc

183

(1) Without prejudice to the operation of section 90 of the Town and Country Planning Act 1990 (planning permission deemed to be granted in certain cases) in relation to any provision made by or under this Act or any other enactment which by virtue of this Act or the Water Act 1989 relates to the functions of the appropriate agency, nothing in this Act or in any such enactment shall be construed as authorising the carrying out of any development (within the meaning of that Act of 1990) without the grant of such planning permission as may be required by that Act of 1990.

(2) Nothing in the flood defence provisions of this Act shall authorise any person to carry out any works or do anything in contravention of any of the provisions of the Ancient Monuments and Archaelogical Areas Act 1979.

Duties to make recreational facilities available when building reservoirs in Wales

184

(1) Where the NRBW carries out any works for or in connection with the construction or operation of a reservoir in Wales which—

(a) permanently affect one or more communities; and

(b) are not primarily intended by the NRBW to benefit the inhabitants of that or those communities,

it shall be the duty of the NRBW to make available facilities for recreation or other leisure-time occupation for the benefit of those inhabitants or to assist others to make such facilities available.

(2) It shall be the duty of the NRBW, in performing its duty under subsection (1) above, to consult—

(a) the community councils of the communities affected, in the case of communities having such councils; and

(b) in any case, the council of any county or county borough in which any community affected is situated.

Savings in respect of existing drainage obligations

185

(1) Nothing in the flood defence provisions of this Act shall operate to release any person from an obligation to which section 21 of the Land Drainage Act 1991 applies.

(2) The functions of the appropriate agency as respects the doing of any work under the flood defence provisions of this Act are not to be treated as in any way limited by the fact that some other person is under an obligation, by reason of tenure, custom, prescription or otherwise, to do that work.

Interpretation of Part VII

186

(1) In this Part—

“discharge pipe” means a pipe from which discharges are or are to be made under section 163 above;

“relevant transferred functions” means any functions which—were exercisable by the Agency before 1 April 2013, andare functions of the NRBW by virtue of the Natural Resources Body for Wales (Functions) Order 2013,but this is subject to subsection (1A).

“resource main” means any pipe, not being a trunk main within the meaning of the Water Industry Act 1991, which is or is to be used for the purpose of—

(a) conveying water from one source of supply to another, from a source of supply to a regulating reservoir or from a regulating reservoir to a source of supply; or

(b) giving or taking a supply of water in bulk.

(1A) For the purposes of the definition of “relevant transferred functions”—

(a) a function of the Agency was exercisable before 1 April 2013 whether or not the enactment conferring it had come into force before that date, but

(b) a function is only a relevant transferred function when the enactment conferring the Agency function transferred to or conferred on the NRBW has come into force.

(2) In subsection (1) above—

“source of supply” shall be construed without reference to the definition of that expression in section 221 below; and

“supply of water in bulk” has the same meaning as in section 3 above.

(3) The powers conferred by Chapter I of this Part shall be without prejudice to the powers conferred on the Agency or on the NRBW by any other enactment or by any agreement.

Part VIII — INFORMATION PROVISIONS

Annual report and publication of information

Annual report of the Authority

187

Duty of Authority to publish certain information

188

(1) The Agency must—

(a) collate and publish information from which assessments can be made of the actual and prospective demand for water, and of actual and prospective water resources, in England; and

(b) collaborate with others, so far as it considers it appropriate to do so, in collating and publishing any such information or any similar information in relation to places outside England.

(2) The NRBW must—

(a) collate and publish information from which assessments can be made of the actual and prospective demand for water, and of actual and prospective water resources, in Wales; and

(b) collaborate with others, so far as it considers it appropriate to do so, in collating and publishing any such information or any similar information in relation to places outside Wales.

Registers etc. to be kept by the appropriate agency

Register of abstraction and impounding licences

189

(1) The appropriate agency shall keep, in such manner as may be prescribed, registers containing such information as may be prescribed with respect—

(a) to applications made for the grant, revocation or variation of licences under Chapter II of Part II of this Act, including information as to the way in which such applications have been dealt with; and

(b) to persons becoming the holders of such licences by virtue of section 59A, 59B or 59C above.

(2) Every register kept by the appropriate agency under this section shall also contain such information as may be prescribed with respect—

(a) to applications made in accordance with regulations under section 64 above; and

(b) to licences granted or deemed to be granted, and licences revoked or varied, in accordance with regulations made under that section.

(3) Subject to any regulations under this section, the information which the appropriate agency is required to keep in registers under this section shall continue to include the information which immediately before 1st September 1989 was contained in a register kept by a water authority under section 53 of the Water Resources Act 1963.

(4) The contents of every register kept under this section shall be available, at such place as may be prescribed, for inspection by the public at all reasonable hours.

Pollution control register

190

(1) It shall be the duty of the appropriate agency to maintain, in accordance with regulations made by the Secretary of State, registers containing prescribed particulars of or relating to—

(a) any notices of water quality objectives or other notices served under section 83 above;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) the following, that is to say—

(i) samples of water or effluent taken by the appropriate agency for the purposes of any of the water pollution provisions of this Act;

(ii) information produced by analyses of those samples;

(iii) such information with respect to samples of water or effluent taken by any other person, and the analyses of those samples, as is acquired by the appropriate agency from any person under arrangements made by the appropriate agency for the purposes of any of those provisions; and

(iv) the steps taken in consequence of any such information as is mentioned in any of sub-paragraphs (i) to (iii) above;

. . .

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(l) directions given by the Secretary of State in relation to the appropriate agency's functions under the water pollution provisions of this Act;

(m) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(n) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(o) works notices under section 161A above;

(p) appeals under section 161C above;

(q) convictions for offences under section 161D above;

(r) such other matters relating to the quality of water or the pollution of water as may be prescribed by the Secretary of State.

(1A) Where information of any description is excluded from any register by virtue of section 191B below, a statement shall be entered in the register indicating the existence of information of that description.

(2) It shall be the duty of the appropriate agency—

(a) to secure that the contents of registers maintained by the appropriate agency under this section are available, at all reasonable times, for inspection by the public free of charge; and

(b) to afford members of the public reasonable facilities for obtaining from the appropriate agency, on payment of reasonable charges, copies of entries in any of the registers.

and, for the purposes of this subsection, places may be prescribed by the Secretary of State at which any such registers or facilities as are mentioned in paragraph (a) or (b) above are to be available or afforded to the public in pursuance of the paragraph in question.

(3) Section 101 above shall have effect in relation to any regulations under this section as it has effect in relation to any subordinate legislation under Part III of this Act.

(4) The Secretary of State may give to the appropriate agency directions requiring the removal from any register maintained by it under this section of any specified information which is not prescribed for inclusion under subsection (1) above or which, by virtue of section 191A or 191B below, ought to have been excluded from the register.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Register for the purposes of works discharges

191

(1) The appropriate agency shall keep a register of persons and premises for the purposes of section 164 above.

(2) The appropriate agency shall enter the name and address of a person in that register in respect of any premises which abut on any watercourse if that person has requested to be so registered and is either—

(a) the owner or occupier of those premises; or

(b) an officer of an association of owners or occupiers of premises which abut on that watercourse and include those premises.

(3) If the appropriate agency contravenes, without reasonable excuse, any of the requirements of this section, it shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

Maps of fresh-water limits

192

(1) The Secretary of State—

(a) shall deposit maps with the appropriate agency showing what appear to him to be the fresh-water limits of every relevant river or watercourse; and

(b) may from time to time, if he considers it appropriate to do so by reason of any change of what appears to him to be the fresh-water limit of any river or watercourse, deposit a map showing a revised limit for that river or watercourse.

(2) It shall be the duty of the appropriate agency to keep any maps deposited with it under subsection (1) above available, at all reasonable times, for inspection by the public free of charge.

(3) In this section “relevant river or watercourse” has the same meaning as in section 104 above.

Main river maps

193

(1) The Agency must keep the main river map for England.

(2) For the purposes of this Act the main river map for England is a record of areas in England which—

(a) shows the extent to which any watercourse or part of a watercourse is to be treated as a main river or as part of a main river for the purposes of this Act, and

(b) indicates which (if any) of those watercourses are watercourses designated in a scheme made under section 137.

(3) The map is conclusive as to the extent to which a watercourse in England is to be treated as a main river or as part of a main river for the purposes of this Act.

(4) The map must specify the date on which it takes effect.

(5) The Agency must keep the map in electronic form.

(6) In this section and sections 193A to 193E “watercourse” has the same meaning as in Part 4 of this Act.

Amendment of main river maps

194

(1) The NRBW must keep the main river map for Wales.

(2) For the purposes of this Act the main river map for Wales is a record of areas in Wales which—

(a) shows the extent to which any watercourse or part of a watercourse is to be treated as a main river or as part of a main river for the purposes of this Act, and

(b) indicates which (if any) of those watercourses are watercourses designated in a scheme made under section 137.

(3) The map is conclusive as to the extent to which a watercourse in Wales is to be treated as a main river or as part of a main river for the purposes of this Act.

(4) The map must specify the date on which it takes effect.

(5) The NRBW must keep the map in electronic form.

(6) In this section and sections 194A to 194E “watercourse” has the same meaning as in Part 4 of this Act.

Maps of waterworks

195

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

Provision and acquisition of information etc.

Provision of information by the Authority to the Ministers

196

Provision of information about water flow etc

197

(1) It shall be the duty of the appropriate agency —

(a) to provide a water undertaker with all such information to which this section applies as is in the possession of the appropriate agency and is reasonably requested by the undertaker for purposes connected with the carrying out of its functions; and

(b) to provide reasonable facilities to all persons—

(i) for the inspection of the contents of any records kept by the appropriate agency and containing information to which this section applies; and

(ii) for the taking of copies of, or of extracts from, any such records.

(2) It shall be the duty of every water undertaker to provide the appropriate agency with all such information to which this section applies as is in the possession of the undertaker and is reasonably requested by the appropriate agency for purposes connected with the carrying out of any of its functions.

(3) Where records of the flow, level or volume of any inland waters, other than discrete waters, are kept by a person other than a water undertaker, the appropriate agency shall have the right at all reasonable times—

(a) to inspect the contents of any of those records; and

(b) to take copies of, or of extracts from, the contents of any of those records;

and any person who, without reasonable excuse, refuses or fails to permit the appropriate agency to exercise its right under this subsection shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 1 on the standard scale.

(4) Information provided to a water undertaker or to the appropriate agency under subsection (1) or (2) above shall be provided in such form and in such manner and at such times as the undertaker or, as the case may be, the appropriate agency may reasonably require; and the duties of the appropriate agency under subsection (1) above shall extend to information provided to or obtained by the appropriate agency under subsection (2) or (3) above.

(5) Information or facilities provided under subsection (1) or (2) above to the appropriate agency , to a water undertaker, to a local authority or joint planning board, or to an internal drainage board, shall be provided free of charge; and facilities provided under subsection (1) above to other persons may be provided on terms requiring the payment by persons making use of the facilities of such reasonable charges as the may determine.

(6) The duties of a water undertaker under subsection (2) above shall be enforceable under section 18 of the Water Industry Act 1991 by the Secretary of State.

(7) This section applies to information about the flow, level or volume of any inland waters or any water contained in underground strata, about rainfall or any fall of snow, hail or sleet or about the evaporation of any water.

Information about underground water

198

(1) Any person who, for the purpose of searching for or abstracting water, proposes to sink a well or borehole intended to reach a depth of more than fifty feet below the surface shall, before he begins to do so, give notice to United Kingdom Research and Innovation (“UKRI”) of his intention to do so.

(2) Any person sinking any such well or borehole as is mentioned in subsection (1) above shall-

(a) keep a journal of the progress of the work and, on completion or abandonment of the work, send a complete copy of the journal to UKRI;

(b) send to UKRI particulars of any test made before completion or abandonment of the work of the flow of water;

(c) allow any person authorised by UKRI for the purpose, on production of some duly authenticated document showing his authority, at all reasonable times to exercise any of the rights specified in subsection (5) below.

(3) The journal required to be kept under this section shall include measurements of—

(a) the strata passed through; and

(b) the levels at which water is struck and subsequently rests.

(4) The particulars required to be sent to UKRI under subsection (2)(b) above shall specify—

(a) the rate of flow throughout the test;

(b) the duration of the test;

(d) where the well or borehole is sunk in connection with an existing pumping station, the rate of pumping at the existing works during the test.

(5) The rights mentioned in subsection (2)(c) above are the rights, subject to section 205 below—

(a) to have free access to the well or borehole;

(b) to inspect the well or borehole and the material extracted from it;

(d) to inspect and take copies of or extracts from the journal required to be kept under this section.

(6) Where the person sinking a well or borehole on any land is not the occupier of the land, the obligation imposed on that person by virtue of subsection (2)(c) above shall be the obligation of the occupier as well.

(7) Where—

(a) any person contracts to sink any well or borehole on land belonging to or occupied by another; and

(b) the carrying out of the work is under the control of the contractor,

the contractor and no other person shall be deemed for the purposes of this section to be the person sinking the well or borehole.

(8) Any person who fails to comply with any obligation imposed on him by this section shall be guilty of an offence and liable, on summary conviction—

(a) to a fine not exceeding level 3 on the standard scale; and

(b) where the the offence continues after conviction, to a further fine of £20 for every day during which it so continues.

Notice etc. of mining operations which may affect water conservation

199

(1) Where a person proposes to construct or extend a boring for the purpose of searching for or extracting minerals, he shall, before he begins to construct or extend the boring, give to the appropriate agency a notice of his intention in the prescribed form.

(2) Where a notice under subsection (1) above is given to the appropriate agency by any person, the appropriate agency may (subject to section 199A below) by notice to that person require him, in connection with the construction, extension or use of the work to which that person’s notice relates, to take such reasonable measures for conserving water as are specified in the notice.

(2A) The measures that may be specified in a notice under subsection (2) above shall be measures which, in the opinion of the appropriate agency, will not interfere with the winning of minerals.

(3) Section 70 above shall apply to the restrictions imposed by this section as it applies to the restrictions imposed by sections 24 and 25 above.

(4) Any person who contravenes subsection (1) above or fails to comply with a notice under subsection (2) above shall be guilty of an offence and liable—

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

(b) on conviction on indictment, to a fine.

Gauges and records kept by other persons

200

(1) Subject to subsection (3) below, any person other than the appropriate agency, who proposes to install a gauge for measuring and recording the flow, level or volume of any inland waters other than discrete waters—

(a) shall give notice to the appropriate agency of his proposal to install the gauge; and

(b) shall not begin the work of installing it before the end of the period of three months beginning with the date of service of the notice or such shorter period as the appropriate agency may in any particular case allow.

(2) Not more than one month after any such work as is mentioned in paragraph (b) of subsection (1) above is completed, the person required to give notice under that subsection shall give notice to the appropriate agency stating where the records obtained by means of the gauge are to be kept.

(3) Subsections (1) and (2) above shall not apply—

(a) to any gauge installed for the sole purpose of indicating the level of any inland waters for the benefit of persons who fish in them; or

(b) to any gauge which is removed at or before the end of the period of twenty-eight days beginning with the date on which it is installed.

(4) Any person who contravenes subsection (1) or (2) above shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 1 on the standard scale.

Power to require information with respect to abstraction

201

(1) Subject to subsection (2) below, the Secretary of State or the appropriate agency may serve on any person a notice requiring that person to furnish him or, as the case may be, it, within a period or at times specified in the notice and in a form and manner so specified, with such information as is reasonably required by the Secretary of State or by the appropriate agency for the purpose of carrying out any of his or, as the case may be, its water resources functions.

(2) The Secretary of State shall have power by regulations to make provision for restricting the information which may be required under subsection (1) above and for determining the form in which the information is to be so required.

(3) A person who fails without reasonable excuse to comply with the requirements of a notice served on him under this section shall be guilty of an offence and liable—

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

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.

(4) References in this section to the water resources functions of the Secretary of State or of the appropriate agency are references to the functions of the Secretary of State or of the appropriate agency under Part 2 of this Act or under any provisions not contained in that Part which are related water resources provisions in relation to Chapter 2 of that Part.

Information and assistance required in connection with the control of pollution

202

(1) It shall be the duty of the appropriate agency, if and so far as it is requested to do so by either of the Ministers, to give him all such advice and assistance as appears to it to be appropriate for facilitating the carrying out by him of his functions under the water pollution provisions of this Act.

(2) Subject to subsection (3) below, either of the Ministers or the appropriate agency may serve on any person a notice requiring that person to furnish him or, as the case may be, it, within a period or at times specified in the notice and in a form and manner so specified, with such information as is reasonably required by the the Minister in question or by the appropriate agency for the purpose of carrying out any of his or, as the case may be, its functions under the water pollution provisions of this Act.

(3) Each of the Ministers shall have power by regulations to make provision for restricting the information which may be required under subsection (2) above and for determining the form in which the information is to be so required.

(4) A person who fails without reasonable excuse to comply with the requirements of a notice served on him under this section shall be guilty of an offence and liable—

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

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exchange of information with respect to pollution incidents etc

203

(1) It shall be the duty of the appropriate agency to provide a water undertaker with all such information to which this section applies as is in the possession of the appropriate agency and is reasonably requested by the undertaker for purposes connected with the carrying out of its functions.

(1A) It shall be the duty of the appropriate agency to provide a water supply licensee with all such information to which this section applies as is in the possession of the appropriate agency and is reasonably requested by the licensee for purposes connected with the carrying on of activities under the licensee's licence.

(2) It shall be the duty of every water undertaker to provide the appropriate agency with all such information to which this section applies as is in the possession of the undertaker and is reasonably requested by the appropriate agency for purposes connected with the carrying out of any of its functions.

(2A) It shall be the duty of every water supply licensee to provide the appropriate agency with all such information to which this section applies as is in the possession of the licensee and is reasonably requested by the appropriate agency for purposes connected with the carrying out of any of its functions.

(3) Information provided to a water undertaker, to a water supply licensee or to the appropriate agency under subsection (1), (1A), (2) or (2A) above shall be provided in such form and in such manner and at such times as the undertaker, the licensee or the appropriate agency, as the case may be, may reasonably require.

(4) Information provided under subsection (1), (1A), (2) or (2A) above to a water undertaker , to a water supply licensee or to the appropriate agency shall be provided free of charge.

(5) The duties of

(a) a water undertaker under subsection (2) above; or

(b) a water supply licensee under subsection (2A) above,

shall be enforceable under section 18 of the Water Industry Act 1991 by the Secretary of State.

(6) This section applies to information—

(a) about the quality of any controlled waters or of any other waters; or

(b) about any incident in which any poisonous, noxious or polluting matter or any ... waste matter has entered any controlled waters or other waters.

(7) In this section “controlled waters” has the same meaning as in Part III of this Act.

(8) Any reference in this section to a water supply licensee is a reference to a person holding a licence under Chapter 1A of Part 2 of the Water Industry Act 1991.

Restriction on disclosure of information

204

(1) Subject to the following provisions of this section, no information with respect to any particular business which—

(a) has been obtained by virtue of any of the provisions of this Act; and

(b) relates to the affairs of any individual or to any particular business,

shall, during the lifetime of that individual or so long as that business continues to be carried on, be disclosed without the consent of that individual or the person for the time being carrying on that business.

(2) Subsection (1) above does not apply to any disclosure of information which is made—

(a) for the purpose of facilitating the carrying out by either of the Ministers, the Agency, the NRBW, the Scottish Environmental Protection Agency, the the Water Services Regulation Authority, the Consumer Council for Water, the Competition and Markets Authority or a local authority of any of his, its or, as the case may be, their functions by virtue of this Act, any of the other consolidation Acts , the Water Act 1989, Part I or IIA of the Environmental Protection Act 1990, the 1995 Act, regulations under section 2 of the Pollution Prevention and Control Act 1999, the Water Act 2003, the Water Act 2014 or the Natural Resources Body for Wales (Establishment) Order 2012 (S.I.2012/1903);

(b) for the purpose of facilitating the performance by a water undertaker , sewerage undertaker or person holding a licence under Chapter 1A of Part 2 of the Water Industry Act 1991 of any of the duties imposed on the undertaker or, as the case may be, the person by or under this Act, any of the other consolidation Acts , the Water Act 1989 , the Water Act 2003 or the Water Act 2014;

(c) in pursuance of any duty imposed by section 197(1)(a) or (2) or 203(1), (1A), (2) or (2A) above or of any duty imposed by section 27H of the Water Industry Act 1991;

(ca) for the purpose of complying with a request under section 14 of the Flood and Water Management Act 2010;

(d) for the purpose of facilitating the carrying out by any person mentioned in Part I of Schedule 24 to this Act of any of his functions under any of the enactments or instruments specified in Part II of that Schedule;

(e) for the purpose of enabling or assisting the Secretary of State, the Treasury , the Financial Conduct Authority, the Prudential Regulation Authority or the Bank of England to exercise any powers conferred by or under the Financial Services and Markets Act 2000 or by the enactments relating to companies or insolvency;

(ea) for the purpose of enabling or assisting any inspector appointed under enactments relating to companies to carry out his functions;

(f) for the purpose of enabling an official receiver to carry out his functions under the enactments relating to insolvency or for the purpose of enabling or assisting a recognised professional body for the purposes of section 391 of the Insolvency Act 1986 to carry out its functions as such;

(g) for the purpose of facilitating the carrying out by ... the Health and Safety Executive of any of its functions under any enactment or of facilitating the carrying out by any enforcing authority, within the meaning of Part I of the Health and Safety at Work etc. Act 1974, of any functions under a relevant statutory provision, within the meaning of that Act;

(ga) for the purpose of facilitating the carrying out by the Office for Nuclear Regulation of any of its functions under any enactment;

(h) for the purpose of facilitating the carrying out by the Comptroller and Auditor General of any of his functions under any enactment;

(i) in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings;

(j) for the purposes of any civil proceedings brought under or by virtue of this Act, any of the other consolidation Acts, the Water Act 1989 , the Water Act 2003 , the Water Act 2014 or any of the enactments or instruments specified in Part II of Schedule 24 to this Act, or of any arbitration under this Act, any of the other consolidation Acts , the Water Act 1989 , the Water Act 2003 or the Water Act 2014; or

(k) in pursuance of an assimilated obligation.

(3) Nothing in subsection (1) above shall be construed—

(a) as limiting the matters which may be included in, or made public as part of, a report of—

(i) the Agency;

(ia) the Scottish Environment Protection Agency;

(ib) the NRBW;

(ii) the Water Services Regulation Authority;

(iii) the Consumer Council for Water (or any regional committee of that Council established under section 27A of the Water Industry Act 1991); or

(iv) the Competition and Markets Authority,

under any provision of this Act , Part I or IIA of the Environmental Protection Act 1990, that Act of 1991 , the 1995 Act , regulations under section 2 of the Pollution Prevention and Control Act 1999, or the Water Act 2003;

(b) as limiting the matters which may be published under section 201 of that Act of 1991; or

(c) as applying to any information which has been made public as part of such a report or has been so published or to any information exclusively of a statistical nature.

(4) Subject to subsection (5) below, nothing in subsection (1) above shall preclude the disclosure of information—

(a) if the disclosure is of information relating to a matter connected with the carrying out of the functions of a water undertaker or sewerage undertaker , or with the carrying on by a person holding a licence under Chapter 1A of Part 2 of the Water Industry Act 1991 of activities under the person's licence, and is made by one Minister of the Crown or government department to another; or

(b) if the disclosure is for the purpose of enabling or assisting any public or other authority for the time being designated for the purposes of this section by an order made by the Secretary of State to discharge any functions which are specified in the order.

(5) The power to make an order under subsection (4) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament; and where such an order designates an authority for the purposes of paragraph (b) of that subsection, the order may—

(a) impose conditions subject to which the disclosure of information is permitted by virtue of that paragraph; and

(b) otherwise restrict the circumstances in which disclosure is so permitted.

(6) Any person who discloses any information in contravention of the preceding provisions of this section shall be guilty of an offence and liable—

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

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

(7) In this section “the other consolidation Acts” means the Water Industry Act 1991, ... the Land Drainage Act 1991 and the Water Consolidation (Consequential Provisions) Act 1991.

(8) In this section the reference to the Bank of England does not include the Bank acting in its capacity as the Prudential Regulation Authority.

Confidentiality of information relating to underground water etc

205

(1) The person sinking any such well or borehole as is mentioned in section 198 above or, if it is a different person, the owner or occupier of the land on which any such well or borehole is sunk may by notice to United Kingdom Research and Innovation (“UKRI”) require UKRI to treat as confidential—

(a) any copy of or extract from the journal required to be kept under that section; or

(b) any specimen taken in exercise of the rights specified in subsection (5) of that section.

(2) Subject to subsections (3) and (4) below, UKRI shall not, without the consent of the person giving the notice, allow any matter to which any notice under subsection (1) above relates to be published or shown to any person who is not an officer of UKRI or of a department of the Secretary of State.

(3) Subsection (2) above shall not prohibit any matter from being published or shown to any person in so far as it contains or affords information as to water resources and supplies.

(4) If at any time UKRI give notice to any person that in their opinion his consent for the purposes of subsection (2) above is being unreasonably withheld—

(a) that person may, within three months after the giving of the notice, appeal to the High Court for an order restraining UKRI from acting as if consent had been given; and

(b) UKRI may proceed as if consent had been given if either no such appeal is brought within that period or the High Court, after hearing the appeal, do not make such an order.

(5) Any person who fails to comply with any obligation imposed on him by the preceding provisions of this section shall be guilty of an offence and liable, on summary conviction—

(a) to a fine not exceeding level 3 on the standard scale; and

(b) where the offence continues after conviction, to a further fine of £20 for every day during which it so continues.

(6) If any person who is admitted to any premises in compliance with section 198(2)(c) above discloses to any person any information obtained by him there with regard to any manufacturing process or trade secret, he shall, unless the disclosure is in performance of his duty, be guilty of an offence and liable—

(a) on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding three months or to a fine or to both.

Making of false statements etc.

Making of false statements etc

206

(1) If, in furnishing any information or making any application under or for the purposes of any provision of this Act or of section 3, 4 or 10 of the Water Act 2003 , any person makes a statement which he knows to be false or misleading in a material particular, or recklessly makes any statement which is false or misleading in a material particular, he shall be guilty of an offence under this section.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where—

(a) the provisions contained in a licence under Chapter II of Part II of this Act in pursuance of paragraph (b) of subsection (2) of section 46 above, or of that paragraph as modified by subsection (6) of that section, require the use of a meter, gauge or other device; and

(b) such a device is used for the purposes of those provisions,

any person who wilfully alters or interferes with that device so as to prevent it from measuring correctly shall be guilty of an offence under this section.

(3A) If a person intentionally makes a false entry in any record required to be kept by virtue of a licence under Chapter II of Part II of this Act, or a consent under Chapter II of Part III of this Act, he shall be guilty of an offence under this section.

(4) If, in keeping any record or journal or in furnishing any information which he is required to keep or furnish under section 198 or 205 above, any person knowingly or recklessly makes any statement which is false in a material particular, he shall be guilty of an offence under this section.

(5) A person who is guilty of an offence under this section shall be liable—

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

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.

Part IX — MISCELLANEOUS AND SUPPLEMENTAL

Miscellaneous

Directions in the interests of national security etc

207

(1) The Secretary of State may, after consultation with the appropriate agency, give to the appropriate agency such directions of a general character as appear to the Secretary of State to be requisite or expedient in the interests of national security or for the purpose of mitigating the effects of any civil emergency which may occur.

(2) If it appears to the Secretary of State to be requisite or expedient to do so in the interests of national security or for the purpose of mitigating the effects of any civil emergency which has occurred or may occur, he may, after consultation with the appropriate agency, give to the appropriate agency a direction requiring it to do, or not to do, a particular thing specified in the direction.

(3) The duty of the appropriate agency to comply with a direction under this section is a duty which has effect notwithstanding any other duty imposed on it (whether or not by or under this Act).

(4) The Secretary of State shall lay before each House of Parliament a copy of every direction given under this section unless he is of the opinion that disclosure of the direction is against the interests of national security.

(5) A person shall not disclose, or be required by virtue of any enactment or otherwise to disclose, anything done by virtue of this section if the Secretary of State has notified him that the Secretary of State is of the opinion that disclosure of that thing is against the interests of national security.

(6) Any person who discloses any matter in contravention of subsection (5) above shall be guilty of an offence and liable, on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

(7) Any reference in this section to a civil emergency is a reference to any natural disaster or other emergency which, in the opinion of the Secretary of State, is or may be likely, in relation to any area—

(a) so to disrupt water supplies or sewerage services; or

(b) to involve such destruction of or damage to life or property in that area,

as seriously and adversely to affect all the inhabitants of that area, or a substantial number of them, whether by depriving them of any of the essentials of life or otherwise.

(8) In this section “sewerage services” has the same meaning as in the Water Industry Act 1991.

Civil liability of the Authority for escapes of water etc

208

(1) Where an escape of water, however caused, from a pipe vested in the Agency or the NRBW causes loss or damage, the Agency or, as the case may be, the NRBW, shall be liable, except as otherwise provided in this section, for the loss or damage.

(2) The Agency or the NRBW shall not incur any liability under subsection (1) above if the escape was due wholly to the fault of the person who sustained the loss or damage or of any servant, agent or contractor of his.

(3) The Agency or the NRBW shall not incur any liability under subsection (1) above in respect of any loss or damage for which the Agency or the NRBW would not be liable apart from that subsection and which is sustained—

(a) by any water undertaker or sewerage undertaker or by any statutory undertakers, within the meaning of section 336(1) of the Town and Country Planning Act 1990;

(b) by any public gas supplier within the meaning of Part I of the Gas Act 1986 or the holder of a licence under section 6(1) of the Electricity Act 1989;

(d) by any person on whom a right to compensation is conferred by section 82 of the New Roads and Street Works Act 1991.

(4) The Law Reform (Contributory Negligence) Act 1945, the Fatal Accidents Act 1976 and the Limitation Act 1980 shall apply in relation to any loss or damage for which the Agency or the NRBW is liable under this section, but which is not due to the Agency’s or the NRBW's fault, as if it were due to its fault.

(5) Nothing in subsection (1) above affects any entitlement which the Agency or the NRBW may have to recover contribution under the Civil Liability (Contribution) Act 1978; and for the purposes of that Act, any loss for which the Agency or the NRBW is liable under that subsection shall be treated as if it were damage.

(6) Where the Agency or the NRBW is liable under any enactment or agreement passed or made before 1st April 1982 to make any payment in respect of any loss or damage the Agency or the NRBW shall not incur liability under subsection (1) above in respect of the same loss or damage.

(7) In this section “fault” has the same meaning as in the Law Reform (Contributory Negligence) Act 1945.

(8) Until the coming into force of section 82 of the New Roads and Street Works Act 1991, subsection (3) above shall have effect as if for paragraph (d) there were substituted the following paragraphs—

(d) by any bridge authority, bridge managers, street authority or street managers within the meaning of the Public Utilities Street Works Act 1950; or (e) by any person on whom a right to compensation under section 26 of that Act of 1950 is conferred.

;but nothing in this section shall be taken to prejudice the power of the Secretary of State under that Act of 1991 to make an order bringing section 82 of that Act into force on different days for different purposes (including the purposes of this section).

Evidence of samples and abstractions

209

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where, in accordance with the provisions contained in a licence in pursuance of paragraph (b) of subsection (2) of section 46 above, or in pursuance of that paragraph as read with subsection (6) of that section, it has been determined what quantity of water is to be taken—

(a) to have been abstracted during any period from a source of supply by the holder of the licence; or

(b) to have been so abstracted at a particular point or by particular means, or for use for particular purposes,

that determination shall, for the purposes of any proceedings under Chapter II of Part II of this Act or any of the related water resources provisions, be conclusive evidence of the matters to which it relates.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Byelaws

Byelaw-making powers of the Authority

210

(1) Schedule 25 to this Act shall have effect for conferring powers on the appropriate agency to make byelaws for purposes connected with the carrying out of its functions.

(2) Schedule 26 to this Act shall have effect in relation to byelaws made by the appropriate agency, whether by virtue of subsection (1) above or by virtue of any other enactment.

(3) Schedule 27 to this Act (emergency fisheries byelaws) shall have effect.

Enforcement of byelaws

211

(1) If any person contravenes any byelaws made by virtue of paragraph 1 of Schedule 25 to this Act, he shall be guilty of an offence and liable, on summary conviction—

(a) to a fine not exceeding level 1 on the standard scale; and

(b) if the contravention is continued after conviction, to a fine not exceeding £5 for each day on which it is so continued.

(2) Byelaws made by virtue of paragraph 2 or 3 of that Schedule may contain provision providing for a contravention of the byelaws to constitute a summary offence punishable, on summary conviction, by a fine not exceeding level 5 on the standard scale or such smaller sum as may be specified in the byelaws.

(3) A person who contravenes any byelaws made by virtue of paragraph 4 or 6 of that Schedule shall be guilty of an offence and liable, on summary conviction,

(a) in the case of byelaws made by virtue of paragraph 4, to a fine not exceeding level 4 on the standard scale or such smaller sum as may be specified in the byelaws;

(b) in the case of byelaws made by virtue of paragraph 6, to a fine.

(4) If any person acts in contravention of any byelaw made by virtue of paragraph 5 of that Schedule he shall be guilty of an offence and liable, on summary conviction—

(a) to a fine not exceeding level 5 on the standard scale; and

(b) if the contravention is continued after conviction, to a further fine not exceeding £40 for each day on which it is so continued.

(5) Without prejudice to any proceedings by virtue of subsection (1) or (4) above, the appropriate agency may—

(a) take such action as it considers necessary to remedy the effect of any contravention of byelaws made by virtue of paragraph 1 of Schedule 25 to this Act;

(b) take such action as may be necessary to remedy the effect of any person’s contravention of byelaws made by virtue of paragraph 5 of that Schedule; and

(c) recover the expenses reasonably incurred by the appropriate agency in taking any action under paragraph (a) or (b) above from the person in default.

(6) So much of the Salmon and Freshwater Fisheries Act 1975 as makes provision with respect to or by reference to offences under that Act shall have effect as if an offence consisting in a contravention of byelaws made by virtue of paragraph 6 of Schedule 25 to this Act were an offence under that Act.

(7) Section 70 above shall apply in relation to any restrictions imposed by byelaws made by virtue of paragraph 1 of Schedule 25 to this Act as it applies in relation to restrictions imposed by the provisions of Chapter II of Part II of this Act which are mentioned in that section; and sections 100 and 101 above shall have effect in relation to contraventions of byelaws made by virtue of paragraph 4 of that Schedule as they have effect in relation to contraventions of provisions of Part III of this Act.

Compensation in respect of certain fisheries byelaws

212

(1) Where—

(a) the owner or occupier of any fishery by notice to the appropriate agency claims that the fishery is injuriously affected by a byelaw made for any of the purposes specified in subsection (2) below; and

(b) that claim is made at any time before the end of twelve months after the confirmation of the byelaw,

the appropriate agency may pay that person such amount by way of compensation as it considers appropriate.

(2) The purposes mentioned in subsection (1)(a) above are the following purposes specified in paragraph 6(2) of Schedule 25 to this Act, that is to say—

(a) prohibiting the use for taking any fish to which paragraph 6 of that Schedule applies of any instrument ... in such waters and at such times as are prescribed by the byelaw;

(b) specifying the nets and other instruments ... which may be used for taking any such fish and imposing requirements as to the use of such nets and other instruments;

(c) imposing requirements as to the construction, design, material and dimensions of any such nets or instruments, including in the case of nets the size of mesh.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Expressions used in this section and in the Salmon and Freshwater Fisheries Act 1975 have the same meanings in this section as in that Act.

Local inquiries

General powers to hold local inquiries

213

Power to hold inquiries for flood defence purposes etc

214

Procedure at local inquiries

215

Offences etc.

Enforcement: powers and duties

216

(1) Without prejudice to its powers of enforcement in relation to the other provisions of this Act, it shall be the duty of the appropriate agency to enforce the provisions to which this section applies.

(2) No proceedings for any offence under any provision to which this section applies shall be instituted except—

(a) by the appropriate agency; or

(b) by, or with the consent of, the Director of Public Prosecutions.

(3) This section applies to Chapter II of Part II of this Act and the related water resources provisions.

Criminal liabilities of directors and other third parties

217

(1) Where a body corporate is guilty of an offence under this Act or under section 4 of the Water Act 2003 and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, then he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

(3) Without prejudice to subsections (1) and (2) above, where the commission by any person of an offence under the water pollution provisions of this Act is due to the act or default of some other person, that other person may be charged with and convicted of the offence whether or not proceedings for the offence are taken against the first-mentioned person.

Judicial disqualification

218

Powers to make regulations

219

(1) Any power of one or both of the Ministers to make regulations under any provision of this Act shall be exercisable by statutory instrument subject (except in the case of regulations made by virtue of paragraph 1(3) of Schedule 15 to this Act) to annulment in pursuance of a resolution of either House of Parliament.

(2) . . . The provisions of any regulations made by one or both the Ministers under this Act may include-

(a) provision for any duty or other requirement imposed by the regulations on a water undertaker or sewerage undertaker to be enforceable under section 18 of the Water Industry Act 1991 by the Secretary of State, by the Water Services Regulation Authority or by either of them;

(b) provision, where such a duty or requirement is so enforceable by either of them, for enforcement by the Water Services Regulation Authority to be subject to such consent or authorisation as may be prescribed;

(c) provision which, in relation to the furnishing of any information or the making of any application under the regulations, makes provision corresponding to section 206(1) and (5) above;

(d) provision for anything that may be prescribed by the regulations to be determined under the regulations and for anything falling to be so determined to be determined by such persons, in accordance with such procedure and by reference to such matters, and to the opinion of such persons, as may be prescribed;

(e) different provision for different cases, including different provision in relation to different persons, circumstances or localities; and

(f) such supplemental, consequential and transitional provision as the Minister or Ministers exercising the power considers or consider appropriate.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Construction of Act

Provisions relating to service of documents

220

(1) Any document required or authorised by virtue of this Act to be served on any person may be served—

(a) by delivering it to him or by leaving it at his proper address or by sending it by post to him at that address; or

(b) if the person is a body corporate, by serving it in accordance with paragraph (a) above on the secretary or clerk of that body; or

(c) if the person is a partnership, by serving it in accordance with paragraph (a) above on a partner or a person having the control or management of the partnership business.

(2) For the purposes of this section and section 7 of the Interpretation Act 1978 (which relates to the service of documents by post) in its application to this section, the proper address of any person on whom a document is to be served shall be his last known address, except that—

(a) in the case of service on a body corporate or its secretary or clerk, it shall be the address of the registered or principal office of the body;

(b) in the case of service on a partnership or a partner or a person having the control or management of a partnership business, it shall be the address of the principal office of the partnership;

and for the purposes of this subsection the principal office of a company registered outside the United Kingdom, or of a partnership carrying on business outside the United Kingdom, is its principal office within the United Kingdom.

(3) If a person to be served by virtue of this Act with any document by another has specified to that other an address within the United Kingdom other than his proper address (as determined in pursuance of subsection (2) above) as the one at which he or someone on his behalf will accept documents of the same description as that document, that address shall also be treated as his proper address for the purposes of this section and for the purposes of the said section 7 in its application to this section.

(4) Where under any provision of this Act any document is required to be served on the owner, on a lessee or on the occupier of any premises then—

(a) if the name or address of the owner, of the lessee or, as the case may be, of the occupier of the premises cannot after reasonable inquiry be ascertained; or

(b) in the case of service on the occupier, if the premises appear to be or are unoccupied,

that document may be served either by leaving it in the hands of a person who is or appears to be resident or employed on the land or by leaving it conspicuously affixed to some building or object on the land.

(5) This section shall not apply to any document in relation to the service of which provision is made by rules of court.

General interpretation

221

(1) In this Act, except in so far as the context otherwise requires—

“the 1995 Act” means the Environment Act 1995;

“abstraction”, in relation to water contained in any source of supply, means the doing of anything whereby any of that water is removed from that source of supply, whether temporarily or permanently, including anything whereby the water is so removed for the purpose of being transferred to another source of supply; and “abstract” shall be construed accordingly;

“accessories”, in relation to a main, sewer or other pipe, includes any manholes, ventilating shafts, inspection chambers, settling tanks, wash-out pipes, pumps, ferrules or stopcocks for the main, sewer or other pipe, or any machinery or other apparatus which is designed or adapted for use in connection with the use or maintenance of the main, sewer or other pipe or of another accessory for it, but does not include any electronic communications apparatus unless it—is or is to be situated inside or in the close vicinity of the main, sewer or other pipe or inside or in the close vicinity of another accessory for it; andis intended to be used only in connection with the use or maintenance of the main, sewer or other pipe or of another accessory for it;and in this definition “stopcock” has the same meaning as in the Water Industry Act 1991;

“the Agency” means the Environment Agency;

“agriculture” has the same meaning as in the Agriculture Act 1947 and “agricultural” shall be construed accordingly;

“analyse”, in relation to any sample of land, water or effluent, includes subjecting the sample to a test of any description, and cognate expressions shall be construed accordingly;

“the appropriate agency” means—for the purposes of the flood risk management work provisions—in relation to flood risks (within the meaning of the Flood and Water Management Act 2010) in Wales, the NRBW;in any other case, the Agency;for any other purpose—in relation to Wales, the NRBW;in any other case, the Agency;

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

“conservancy authority” means any person who has a duty or power under any enactment to conserve, maintain or improve the navigation of a tidal water and is not a navigation authority or harbour authority;

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

“contravention” includes a failure to comply, and cognate expressions shall be construed accordingly;

“damage”, in relation to individuals, includes death and any personal injury (including any disease or impairment of physical or mental condition);

“discrete waters” means inland waters so far as they comprise—a lake, pond or reservoir which does not discharge to any other inland waters; orone of a group of two or more lakes, ponds or reservoirs (whether near to or distant from each other) and of watercourses or mains connecting them, where none of the inland waters in the group discharges to any inland waters outside the group;

“disposal”—in relation to land or any interest or right in or over land, includes the creation of such an interest or right and a disposal effected by means of the surrender or other termination of any such interest or right; andin relation to sewage, includes treatment;and cognate expressions shall be construed accordingly;

“drain” has, subject to subsection (2) below, the same meaning as in the Water Industry Act 1991;

“drainage” in the expression “drainage works” has the meaning given by section 113 above for the purposes of Part IV of this Act;

“drought order” means an ordinary drought order under subsection (1) of section 73 above or an emergency drought order under subsection (2) of that section;

“effluent” means any liquid, including particles of matter and other substances in suspension in the liquid;

“enactment” includes an enactment contained in this Act or in any Act passed after this Act;

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

“engineering or building operations”, without prejudice to the generality of that expression, includes—the construction, alteration, improvement, maintenance or demolition of any building or structure or of any reservoir, watercourse, dam, weir, well, borehole or other works; andthe installation, modification or removal of any machinery or apparatus;“financial year” means the twelve months ending with 31st March;

“environmental permit” has the same meaning as in the Environmental Permitting Regulations;

“Environmental Permitting Regulations” means the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154);

“flood defence functions”, in relation to the appropriate agency, means—its functions with respect to flood defence and land drainage by virtue of Part IV of this Act, the Land Drainage Act 1991 and section 6 of the 1995 Act;those functions of the appropriate agency which were previously transferred to the Agency by section 2(1)(a)(iii) of the 1995 Act which were previously transferred to the Authority by virtue of section 136(8) of the Water Act 1989 and paragraph 1(3) of Schedule 15 to that Act (transfer of land drainage functions under local statutory provisions and subordinate legislation); ...any other functions of the appropriate agency under any of the flood defence provisions of this Act; its functions with respect to securing the drainage of land or the management of flood risk contained in regulations made under section 61 of the Water Act 2014; and any other function of the appropriate agency under any provision of this Act or the 1995 Act so far as it relates to a function falling within paragraph (d);

“flood defence provisions”, in relation to this Act, means—any of the following provisions of this Act, that is to say—Part IV;sections 133 to 141 (including Schedule 15), 143, ... 155, 165 to 167, 180, 193, 194 and paragraph 5 of Schedule 25;any of the following provisions of the 1995 Act, that is to say—section 6(4) (general supervision of flood defence); andsection 53 (inquiries and other hearings); and...any other provision of this Act or the 1995 Act so far as it relates to a provision falling within paragraph (a) or (b) above;

“flood risk management work provisions” means—sections 159(1A), 160(1A), 165 and 166; andany other provision of Part 7 so far as it relates to a provision falling within paragraph (a);

“harbour” has the same meaning for the purposes of the flood defence provisions of this Act as in section 313 of the Merchant Shipping Act 1995;

“harbour authority” (except in the flood defence provisions of this Act, in which it has the same meaning as in section 313 of the Merchant Shipping Act 1995) means a person who is a harbour authority as defined in section 151 for the purposes of Chapter II of Part VI of that Act and is not a navigation authority;

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Water Resources Act 1991

CHAPTER II — POWERS OF ENTRY

Powers of entry for enforcement purposes

169

Power of entry for certain works purposes

170

Power to carry out surveys and to search for water

171

Powers of entry for other purposes

172

Powers of entry: supplemental provisions

173

Impersonation of persons exercising powers of entry

174

chapter III — PROVISIONS SUPPLEMENTAL TO LAND AND WORK POWERS

Vesting of pipes in the appropriate agency

Vesting of pipes in the Authority

175

Offence of interference with works etc.

Offence of interference with works etc

176

Compensation etc. in respect of exercise of works powers

Compensation etc. in respect of exercise of works powers

177

Protective provisions

Protection for particular undertakings

178

Protective provisions in respect of flood defence works and watercourses etc

179

Power of navigation authorities etc to divert the Authority’s watercourses

180

Works in tidal lands etc

181

Mineral rights

182

Saving for planning controls etc

183

Duties to make recreational facilities available when building reservoirs in Wales

184

Savings in respect of existing drainage obligations

Savings in respect of existing drainage obligations

185

Interpretation of Part VII

Interpretation of Part VII

186

Part VIII — INFORMATION PROVISIONS

Annual report and publication of information

Annual report of the Authority

187

Duty of Authority to publish certain information

188

Registers etc. to be kept by the appropriate agency

Register of abstraction and impounding licences

189

Pollution control register

190

Register for the purposes of works discharges

191

Maps of fresh-water limits

192

Main river maps

193

Amendment of main river maps

194

Maps of waterworks

195

Provision and acquisition of information etc.

Provision of information by the Authority to the Ministers

196

Provision of information about water flow etc

197

Information about underground water

198

Notice etc. of mining operations which may affect water conservation

199

Gauges and records kept by other persons

200

Power to require information with respect to abstraction

201

Information and assistance required in connection with the control of pollution