Water Resources Act 1991

• (4) For the purposes of the application of this Schedule to the powers conferred by section 171 of this Act in a case to which subsection (4) of that section applies, a justice of the peace shall not issue a warrant under this Schedule unless he is satisfied that the Secretary of State has given his authorisation for the purposes of that subsection in relation to that case.

• (5) Every warrant under this Schedule shall continue in force until the purposes for which the warrant was issued have been fulfilled.

Manner of exercise of powers

3

A person designated as the person who may exercise any power to which this Schedule applies shall produce evidence of his designation and other authority before he exercises the power.

Supplementary powers of person making entry etc.

4

A person authorised to enter any premises or vessel by virtue of any power to which this Schedule applies shall be entitled, subject in the case of a power exercisable under a warrant to the terms of the warrant, to take with him on to the premises or vessel such other persons and such equipment as may be necessary.

Duty to secure premises

5

A person who enters any premises or vessel in the exercise of any power to which this Schedule applies shall leave the premises or vessel as effectually secured against trespassers as he found them.

Compensation

6

• (1) Where any person exercises any power to which this Schedule applies, it shall be the duty of the relevant authority to make full compensation to any person who has sustained loss or damage by reason of—

• (a) the exercise by the designated person of that power or of any power to take any person or equipment with him when entering the premises or vessel in relation to which the power is exercised; or

• (b) the performance of, or failure of the designated person to perform, the duty imposed by paragraph 5 above.

• (2) Compensation shall not be payable by virtue of sub-paragraph (1) above in respect of any loss or damage if the loss or damage—

• (a) is attributable to the default of the person who sustained it; or

• (b) is loss or damage in respect of which compensation is payable by virtue of any other provision of this Act.

• (3) Any dispute as to a person’s entitlement to compensation under this paragraph, or as to the amount of any such compensation, shall be referred to the arbitration of a single arbitrator appointed by agreement between the relevant authority and the person who claims to have sustained the loss or damage or, in default of agreement—

• (a) by the Upper Tribunal where the relevant authority is one of the Ministers; and

• (b) by one of the Ministers, where the Agency or the NRBW is the relevant authority.

Obstruction of person exercising power

7

A person who intentionally obstructs another person acting in the exercise of any power to which this Schedule applies 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.

Interpretation

8

• (1) In this Schedule—

• “relevant authority”, in relation to a power to which this Schedule applies, means one of the Ministers, the Agency or the NRBW, according to who is entitled, by virtue of the provision by which the power is conferred or, as the case may be, the warrant, to designate the person by whom the power may be exercised; and

• “sewerage services” has the same meaning as in the Water Industry Act 1991.

• (2) References in this Schedule to a power to which this Schedule applies are references to any power conferred by Chapter II of Part VI of this Act, including a power exercisable by virtue of a warrant under this Schedule.

• (3) For the purposes of paragraphs 5 and 6 above a person enters any premises or vessel by virtue of a power to which this Schedule applies notwithstanding that he has failed (whether by virtue of the waiver of the requirement by the occupier of the premises or otherwise) to comply with-

• (a) any requirement to enter those premises at a reasonable time or after giving notice of his intended entry; or

• (b) the requirement imposed by paragraph 3 above.

SCHEDULE 21

Compensation in respect of street works powers

1

• (1) This paragraph applies, in relation to the appropriate agency, to the powers conferred on it in relation to streets by sections 159 and 162 of this Act.

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

• (a) to do as little damage as possible in the exercise of the powers to which this paragraph applies; and

• (b) to pay compensation for any loss caused or damage done in the exercise of those powers.

• (3) Any dispute as to whether compensation should be paid under sub-paragraph (2) above, or as to the amount of any such compensation, shall be referred to the arbitration of a single arbitrator appointed by agreement between the parties to the dispute or, in default of agreement, by the Secretary of State.

• (4) Until the coming into force of Part III of the New Roads and Street Works Act 1991, a payment of compensation under this paragraph shall be treated for the purposes of section 32 of the Public Utilities Street Works Act 1950 (provisions against duplication of compensation) as made under an enactment passed before that Act of 1950; but nothing in this sub-paragraph shall be taken to prejudice the power of the Secretary of State under that Act of 1991 to make an order bringing Part III of that Act into force on different days for different purposes (including the purposes of this paragraph).

Compensation in respect of pipe-laying works on private land

2

• (1) If the value of any interest in any relevant land is depreciated by virtue of the exercise by the appropriate agency of any power to carry out pipe-laying works on private land, the person entitled to that interest shall be entitled to compensation from the appropriate agency of an amount equal to the amount of the depreciation.

• (2) Where the person entitled to an interest in any relevant land sustains loss or damage which—

• (a) is attributable to the exercise by the appropriate agency of any power to carry out pipe-laying works on private land;

• (b) does not consist in depreciation of the value of that interest; and

• (c) is loss or damage for which he would have been entitled to compensation by way of compensation for disturbance, if his interest in that land had been compulsorily acquired under section 154 of this Act,

he shall be entitled to compensation from the appropriate agency in respect of that loss or damage, in addition to compensation under sub-paragraph (1) above.

• (3) Where any damage to, or injurious affection of, any land which is not relevant land is attributable to the exercise by the appropriate agency, of any power to carry out pipe-laying works on private land, the appropriate agency shall pay compensation in respect of that damage or injurious affection to every person entitled to an interest in that land.

• (4) The Secretary of State may by regulations make provision requiring the appropriate agency, where it is proposing or has begun, in a prescribed case, to exercise any power to carry out pipe-laying works on private land, to make advance payments on account of compensation that will become payable in respect of the exercise of that power.

• (5) In this paragraph “relevant land”, in relation to any exercise of a power to carry out pipe-laying works on private land, means the land where the power is exercised or land held with that land.

• (6) In this paragraph the references to a power to carry out pipe-laying works on private land are references to any of the powers conferred by virtue of section 160 or 162(3) of this Act.

Assessment of compensation under paragraph 2

3

• (1) Any question of disputed compensation under paragraph 2 above shall be referred to and determined by the Upper Tribunal ; and in relation to the determination of any such compensation the provisions of section 4 of the Land Compensation Act 1961 shall apply, subject to any necessary modifications.

• (2) For the purpose of assessing any compensation under paragraph 2 above, so far as that compensation is in respect of loss or damage consisting in depreciation of the value of an interest in land, the rules set out in section 5 of the Land Compensation Act 1961 shall, so far as applicable and subject to any necessary modifications, have effect as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land.

• (3) Where the interest in land in respect of which any compensation falls to be assessed in accordance with sub-paragraph (2) above is subject to a mortgage—

• (a) the compensation shall be assessed as if the interest were not subject to the mortgage;

• (b) a claim for compensation may be made by any mortgagee of the interest, but without prejudice to the making of a claim by the person entitled to the interest;

• (c) no such compensation shall be payable in respect of the interest of the mortgagee (as distinct from the interest which is subject to the mortgage); and

• (d) any such compensation which is payable in respect of the interest which is subject to the mortgage shall be paid to the mortgagee, or, if there is more than one mortgagee, to the first mortgagee, and shall in either case be applied by him as if it were proceeds of sale.

• (4) Where, apart from this sub-paragraph, any person entitled to an interest in any land would be entitled under paragraph 2 above to an amount of compensation in respect of any works, there shall be deducted from that amount an amount equal to the amount by which the carrying out of the works has enhanced the value of any other land which—

• (a) is contiguous or adjacent to that land; and

• (b) is land to an interest in which that person is entitled in the same capacity.

Compensation in respect of discharges for works purposes

4

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

• (a) to cause as little loss and damage as possible in the exercise of the powers conferred on it by section 163 of this Act; and

• (b) to pay compensation for any loss caused or damage done in the exercise of those powers.

• (2) For the purposes of sub-paragraph (1) above any extra expenditure—

• (a) which it becomes reasonably necessary for any water undertaker, sewerage undertaker or public authority (other than the appropriate agency itself) to incur for the purpose of properly carrying out any statutory functions; and

• (b) which is attributable to any discharge of water under section 163 of this Act,

shall be deemed to be a loss sustained by the undertaker or public authority and to have been caused in exercise of the powers conferred by that section.

• (3) Any dispute as to whether compensation should be paid under sub-paragraph (1) above, or as to the amount of any such compensation, shall be referred to the arbitration of a single arbitrator appointed by agreement between the parties to the dispute or, in default of agreement, by the President of the Institution of Civil Engineers.

Compensation in respect of flood defence and drainage works

5

• (1) Where injury is sustained by any person by reason of the exercise by the appropriate agency of any powers under section 165(1) to (3) of this Act, the appropriate agency shall be liable to make full compensation to the injured party.

• (2) In case of dispute, the amount of any compensation under sub-paragraph (1) above shall be determined by the Upper Tribunal .

• (3) Where injury is sustained by any person by reason of the exercise by the appropriate agency of its powers under subsection (1)(b) of section 167 of this Act—

• (a) the appropriate agency may, if it thinks fit, pay to him such compensation as it may determine; and

• (b) if the injury could have been avoided if those powers had been exercised with reasonable care, the provisions of sub-paragraphs (1) and (2) above shall apply as if the injury had been sustained by reason of the exercise by the appropriate agency of its powers under section 165(1) to (3) of this Act.

SCHEDULE 22

General provisions protecting undertakings

1

• (1) Nothing in any of the provisions of this Act conferring power on the appropriate agency to carry out any works shall confer power to do anything, except with the consent of the persons carrying on an undertaking protected by this paragraph, which, whether directly or indirectly, so interferes or will so interfere—

• (a) with works or property vested in or under the control of the persons carrying on that undertaking, in their capacity as such; or

• (b) with the use of any such works or property,

as to affect injuriously those works or that property or the carrying on of that undertaking.

• (2) A consent for the purposes of sub-paragraph (1) above may be given subject to reasonable conditions but shall not be unreasonably withheld.

• (3) Subject to the following provisions of this Schedule, any dispute—

• (a) as to whether anything done or proposed to be done interferes or will interfere as mentioned in sub-paragraph (1) above;

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

• (c) as to whether any condition subject to which any such consent has been given was reasonable,

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

• (4) The following are the undertakings protected by this paragraph, that is to say-

• (a) the undertakings of the Civil Aviation Authority, the Coal Authority and a universal service provider (so far as it is his undertaking in relation to the provision of a universal postal service);

• (b) the undertaking of any water undertaker or sewerage undertaker;

• (c) any undertaking consisting in the provision of an electronic communications network;

• (d) any airport to which Part V of the Airports Act 1986 applies;

• (e) the undertaking of any public gas supplier within the meaning of Part I of the Gas Act 1986;

• (f) the undertaking of any person authorised by a licence under Part I of the Electricity Act 1989 to generate, supply or participate in the transmission of electricity;

• (g) the undertaking of any navigation authority, harbour authority or conservancy authority or of any internal drainage board;

• (h) the undertaking of any railway company;

• (i) any public utility undertaking carried on by a local authority under any Act or under any order having the force of an Act.

• (j) the undertaking of any licensed operator, within the meaning of the Coal Industry Act 1994;

• (k) the undertaking of a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services) to the extent that it is the person’s undertaking as licence holder.

• (4A) In sub-paragraph (4)(a) above “universal service provider" has the same meaning as in Part 3 of the Postal Services Act 2011; and the reference to the provision of a universal postal service shall be construed in accordance with that Part.

• (5) For the purposes of this paragraph any reference in this paragraph, in relation to any such airport as is mentioned in sub-paragraph (4)(d) above, to the persons carrying on the undertaking is a reference to the airport operator.

• (6) The reference in sub-paragraph (1) above to the provisions of this Act conferring power to carry out works includes (without prejudice to the extent of that reference apart from this sub-paragraph) a reference to any provisions of any order under section 108 of this Act by virtue of which any such power is conferred.

Protection for statutory powers and jurisdiction

2

• (1) Subject to sub-paragraph (2) below, nothing in—

• (a) any provision of this Act conferring power on the appropriate agency to carry out any works; or

• (b) any of the flood defence provisions of this Act,

shall confer power to do anything which prejudices the exercise of any statutory power, authority or jurisdiction from time to time vested in or exercisable by any persons carrying on an undertaking protected by paragraph 1 above.

• (2) Nothing in this paragraph shall be taken to exclude the application of section 109 of this Act to any work executed by persons carrying on an undertaking protected by paragraph 1 above.

• (3) Sub-paragraph (6) of paragraph 1 above shall apply for the purposes of sub-paragraph (1) above as it applies for the purposes of sub-paragraph (1) of that paragraph.

• (4) This paragraph shall be without prejudice to any power under this Act to transfer the functions of any authority.

Special protection for certain undertakings in respect of street works

3

• (1) Subject to the following provisions of this paragraph and without prejudice to the other provisions of this Schedule, the powers under the street works provisions to break up or open a street shall not be exercisable where the street, not being a highway maintainable at public expense (within the meaning of the Highways Act 1980)—

• (a) is under the control or management of, or is maintainable by, a railway company or a navigation authority; or

• (b) forms part of a level crossing belonging to such a company or authority or to any other person,

except with the consent of the company or authority or, as the case may be, of the person to whom the level crossing belongs.

• (2) Sub-paragraph (1) above shall not apply to any exercise of the powers conferred by the street works provisions for the carrying out of emergency works, within the meaning of Part III of the New Roads and Street Works Act 1991.

• (3) A consent given for the purposes of sub-paragraph (1) above may be made subject to such reasonable conditions as may be specified by the person giving it but shall not be unreasonably withheld.

• (4) Any dispute—

• (a) as to whether a consent for the purposes of sub-paragraph (1) above should be given or withheld; or

• (b) as to whether the conditions to which any such consent is made subject are reasonable,

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

• (5) If the appropriate agency contravenes, without reasonable excuse, the requirements of sub-paragraph (1) above, it shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

• (6) The restrictions contained in paragraphs (1) to (5) of section 32 of the Tramways Act 1870 (protection of tramways) shall apply in relation to any exercise of a power conferred by the street works provision s—

• (a) as they apply in relation to the powers mentioned in that section; and

• (b) as if references in that section to a tramway included references to a trolley vehicle system.

• (7) In this paragraph “the street works provisions” means sections 159 and 162(2) of this Act.

• (8) Until the coming into force of section 52 of the New Roads and Street Works Act 1991, sub-paragraph (2) above shall have effect as if the reference to Part III of that Act were a reference to the Public Utilities Street Works Act 1950; but nothing in this sub-paragraph shall be taken to prejudice the power of the Secretary of State under that Act of 1991 to make an order bringing that section 52 into force on different days for different purposes (including the purposes of this paragraph).

Protection for railways in connection with carrying out of flood defence functions

4

• (1) Without prejudice to the preceding provisions of this Schedule, nothing in the flood defence provisions of this Act shall authorise any person, except with the consent of the railway company in question, to interfere with—

• (a) any railway bridge or any other work connected with a railway; or

• (b) the structure, use or maintenance of a railway or the traffic on it.

• (2) A consent for the purposes of sub-paragraph (1) above may be given subject to reasonable conditions but shall not be unreasonably withheld.

• (3) Subject to the following provisions of this Schedule, any dispute—

• (a) as to whether anything interferes, or will interfere, as mentioned in sub-paragraph (1) above;

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

• (c) as to whether any condition subject to which any such consent has been given was reasonable,

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

Protection for electronic communications networks

5

Part 10 of Schedule 3A to the Communications Act 2003 (the electronic communications code) (which provides a procedure for certain cases where works involve the alteration of electronic communications apparatus) shall apply to the appropriate agency for the purposes of any works carried out by the appropriate agency in exercise of any of the powers conferred by any enactment (including section 37 of the 1995 Act or, as the case may be, article 9 of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I.2012/1903)).

Interpretation

6

In this Schedule “railway company” means the British Railways Board, Transport for London or any subsidiary (within the meaning of the Greater London Authority Act 1999) of Transport for London, or any other person authorised by any enactment, or by any order, rule or regulation made under any enactment, to construct, work or carry on a railway.

SCHEDULE 23

Acquisition of mineral rights

1

• (1) This paragraph applies in each of the following cases, that is to say—

• (a) where the appropriate agency acquires any land (whether compulsorily in exercise of any power conferred by or under this Act or otherwise); and

• (b) where the appropriate agency carries out any works in relation to any land for the purposes of, or in connection with, the carrying out of any of its functions.

• (2) Subject to sub-paragraph (3) below, the appropriate agency shall not, by virtue only of its acquisition of the land or the carrying out of the works, become entitled to any mines or minerals lying under the land; and, accordingly, any such mines or minerals shall be deemed to be excepted from any instrument by virtue of which the land vests in the appropriate agency unless express provision to the contrary is contained—

• (a) where the land vests in the appropriate agency by virtue of a conveyance, in the conveyance; or

• (b) where the land is acquired by the appropriate agency in pursuance of any power of compulsory acquisition conferred by or under this Act, in the order authorising the acquisition.

• (3) The appropriate agency shall be entitled to such parts of any mines or minerals that lie under the land as it may be necessary for it to dig, carry away or use in carrying out any works for the purpose of constructing, making, erecting or laying any part of its undertaking.

Notice required for the working of underlying mines

2

• (1) If the owner of any mines or minerals underlying any part of the appropriate agency's undertaking proposes to work them, he shall, not less than thirty days before the commencement of working, serve notice of his intention to do so on the appropriate agency.

• (2) On receipt of a notice under sub-paragraph (1) above the appropriate agency may cause the mines or minerals to be inspected by a person designated by it for the purpose.

• (3) Subject to sub-paragraph (5) and paragraph 3 below, if, where notice has been served under this paragraph, the appropriate agency—

• (a) considers that the working of the underlying mines or minerals is likely to damage any part of its undertaking;

• (b) is willing to compensate the owner of the mines or minerals for the restriction imposed by virtue of this sub-paragraph; and

• (c) serves notice to that effect on the owner of the mines or minerals before the end of the period of thirty days mentioned in sub-paragraph (1) above,

the owner shall not work the mines or minerals except to such extent as may be determined by the appropriate agency, and the appropriate agency shall so compensate the owner.

• (4) Any dispute as to the amount of any compensation payable by virtue of sub-paragraph (3) above shall be referred to and determined by the Upper Tribunal.

• (5) If before the end of the period of thirty days mentioned in sub-paragraph (1) above, no notice has been served under sub-paragraph (3)(c) above by the appropriate agency, the entitlement of the owner of the mines and minerals to work them shall be an entitlement to work them by proper methods and in the usual manner of working such mines or minerals in the district in question.

• (6) If any damage to the undertaking of the appropriate agency is caused by the working otherwise than as authorised by this paragraph of any mines or minerals underlying any part of its undertaking—

• (a) the owner of the mines or minerals shall, at his own expense, forthwith repair the damage; and

• (b) the appropriate agency may, without waiting for the owner to perform his duty, repair the damage and may recover the expenses reasonably incurred by it in doing so from the owner.

Mining communications

3

• (1) If the working of any mines or minerals is prevented by reason of any of the preceding provisions of this Schedule, the owner of the mines or minerals may cut and make such communication works through the mines or minerals, or the strata in which they are situated, as are required for the ventilation, drainage and working of mines or minerals which are not underlying any part of the undertaking of the appropriate agency.

• (2) Communication works cut or made under this paragraph—

• (a) shall not, in a case where—

• (i) the part of the undertaking in question was constructed, made, erected or laid in pursuance of an order made under any enactment or is situated on land acquired by the appropriate agency in pursuance of any powers of compulsory acquisition; and

• (ii) the order authorising the works or acquisition designates dimensions or sections for the communication works,

exceed those dimensions or fail to conform to those sections; and

• (b) in any other case, shall not be more than 2.44 metres high or more than 2.44 metres wide.

• (3) Communication works cut or made under this paragraph shall not be cut or made on the land where the part of the undertaking is situated so as to cause damage to that part of the undertaking.

• (4) Where works carried out under this paragraph by the owner of any mines or minerals cause loss or damage to the owner or occupier of land lying over the mines or minerals, the appropriate agency shall pay full compensation to him for the loss or damage.

• (5) Sub-paragraph (4) above shall not apply where the person sustaining the loss or damage is the owner of the mines.

• (6) In this paragraph “communication works” means airways, headways, gateways or water levels.

Compensation relating to severance

4

• (1) Where mines or minerals underlying any part of the appropriate agency's undertaking are situated so as, on two or more sides of that land, to extend beyond the land on which that part of the undertaking is situated, the appropriate agency shall from time to time pay to the owner of the mines or minerals (in addition to any compensation under paragraph 2 above) any expenses and losses incurred by him in consequence of—

• (a) the severance by the undertaking of the land lying over the mines;

• (b) the interruption of continuous working of the mines in consequence of paragraph 2(3) above;

• (c) the mines being so worked in accordance with restrictions imposed by virtue of this Act or any order made under this Act,

and shall pay for any minerals not purchased by the appropriate agency which cannot be got or won by reason of the part of the undertaking in question being situated where it is or by reason of the requirement to avoid damage to any part of the appropriate agency's undertaking.

• (2) Any dispute as to whether any sum should be paid under this paragraph, or as to the amount payable, shall be referred to the arbitration of a single arbitrator appointed by agreement between the appropriate agency and the owner of the mines or minerals or, in default of agreement, by the Secretary of State.

Powers of entry

5

• (1) Any person designated in writing for the purpose by the appropriate agency may, for any purpose specified in sub-paragraph (2) below—

• (a) enter on any land in which the mines or minerals are, or are thought to be, being worked, and which is in or near to the land where any part of the appropriate agency's undertaking is situated; and

• (b) enter the mines and any works connected with the mines.

• (2) The purposes mentioned in sub-paragraph (1) above are—

• (a) carrying out any inspection under paragraph 2(2) above;

• (b) ascertaining whether any mines or minerals have been worked so as to damage the undertaking of the appropriate agency; and

• (c) carrying out any works and taking any other steps which the appropriate agency in question is authorised to carry out or take under paragraph 2(6) above.

• (3) A person authorised to enter any premises under this paragraph may—

• (a) make use of any equipment belonging to the owner of the mines or minerals in question; and

• (b) use all necessary means for discovering the distance from any part of the undertaking of the appropriate agency to the parts of the mines or the minerals which are, or are about to be, worked.

• (4) Schedule 20 to this Act shall apply in relation to the powers conferred by this paragraph as it applies to the powers conferred by sections 169 to 172 of this Act.

No exemption for injury to mines and minerals

6

Nothing in any provision of this Act or of any order made under this Act shall be construed as exempting the appropriate agency from any liability to which it would, apart from that provision, have been subject in respect of any damage to any mines or minerals underlying any part of its undertaking or in respect of any loss sustained in relation to any such mines or minerals by a person having an interest therein.

Interpretation

7

• (1) In this Schedule—

• “conveyance” has the same meaning as in the Law of Property Act 1925;

• “designated distance”, in relation to any part of the appropriate agency's undertaking, means, subject to sub-paragraph (6) below, thirty-seven metres;

• “mines” means mines of coal, ironstone, slate or other minerals;

• “owner”, in relation to mines and minerals, includes a lessee or occupier; and

• “underlying”, in relation to any part of the appropriate agency's undertaking, means lying under, or within the designated distance from, that part of that undertaking.

• (2) For the purposes of this Schedule the appropriate agency's undertaking shall be taken to consist of so much of any of the following as is for the time being vested in or held by the appropriate agency for the purposes of, or in connection with, the carrying out of any of its functions, that is to say—

• (a) any buildings, reservoirs, wells, boreholes or other structures; and

• (b) any resource mains, discharge pipes or other underground works which are for the time being vested in the appropriate agency.

• (3) References in this Schedule to the working of any mines or minerals include references to the draining of mines and to the winning or getting of minerals.

• (4) For the purposes of this Schedule land shall be treated as acquired by the appropriate agency in pursuance of powers of compulsory acquisition if it—

• (a) was so acquired by a water authority or any predecessor of a water authority; and

• (b) is now vested in the appropriate agency in accordance with a scheme under Schedule 2 to the Water Act 1989 or otherwise.

• (5) In relation to any land treated by virtue of sub-paragraph (4) above as acquired in pursuance of powers of compulsory acquisition, references in this Schedule to the order authorising the acquisition include references to any local statutory provision which immediately before 1st September 1989 had effect in relation to that land for the purposes of any provisions corresponding to the provisions of this Schedule.

• (6) For the purposes of this Schedule where—

• (a) any part of the appropriate agency's undertaking was constructed, made, erected or laid in pursuance of an order made under any enactment or is situated on land acquired by the appropriate agency in pursuance of any powers of compulsory acquisition; and

• (b) the order authorising the works or acquisition designates any distance for the purposes of any enactment relating to mines or minerals underlying that part of the undertaking,

then for the purposes of this Schedule that distance (instead of the distance specified in subsection (1) above) shall be the designated distance in relation to that part of the undertaking.

SCHEDULE 24

Part I — PERSONS IN RESPECT OF WHOSE FUNCTIONS DISCLOSURE MAY BE MADE

Part II — ENACTMENTS ETC. IN RESPECT OF WHICH DISCLOSURE MAY BE MADE

SCHEDULE 25

Byelaws for regulating use of inland waters

1

• (1) Subject to the following provisions of this paragraph but without prejudice to the powers conferred by the following provisions of this Schedule, where it appears to the appropriate agency to be necessary or expedient to do so for the purposes of any of the functions specified in sub-paragraphs (i), (iii) and (v) of section 2(1)(a) of the 1995 Act, the appropriate agency may make byelaws—

• (a) prohibiting such inland waters as may be specified in the byelaws from being used for boating (whether with mechanically propelled boats or otherwise), swimming or other recreational purposes; or

• (b) regulating the way in which any inland waters so specified may be used for any of those purposes.

• (2) Byelaws made by the appropriate agency under this paragraph shall not apply to—

• (a) any tidal waters or any discrete waters;

• (b) any inland waters in relation to which functions are exercisable by a navigation authority, harbour authority or conservancy authority other than the appropriate agency; or

• (c) any reservoir belonging to, and operated by, a water undertaker.

• (3) Byelaws made in respect of any inland waters by virtue of this paragraph may—

• (a) include provision prohibiting the use of the inland waters by boats which are not for the time being registered with the appropriate agency in such manner as the byelaws may provide; and

• (b) authorise the appropriate agency to make reasonable charges in respect of the registration of boats in pursuance of the byelaws.

Byelaws for regulating the use of navigable waters etc.

2

• (1) The appropriate agency shall have power to make such byelaws as are mentioned in sub-paragraph (3) below with respect to any inland waters in relation to which—

• (a) there is a public right of navigation; and

• (b) the condition specified in sub-paragraph (2) below is satisfied,

and with respect to any land associated with such waters.

• (2) For the purposes of this paragraph the condition mentioned in sub-paragraph (1) above is satisfied in relation to any waters if navigation in those waters—

• (a) is not for the time being subject to the control of any navigation authority, harbour authority or conservancy authority; or

• (b) is subject to the control of such a navigation authority, harbour authority or conservancy authority as is prescribed for the purposes of this paragraph by reason of its appearing to the Secretary of State to be unable for the time being to carry out its functions.

• (3) The byelaws referred to in sub-paragraph (1) above in relation to any inland waters or to any land associated with any such waters are byelaws for any of the following purposes, that is to say—

• (a) the preservation of order in or on any such waters or land;

• (b) the prevention of damage to anything in or on any such waters or land or to any such land;

• (c) securing that persons resorting to any such waters or land so behave as to avoid undue interference with the enjoyment of the waters or land by others.

• (4) Without prejudice to the generality of any of the paragraphs of sub-paragraph (3) above or to the power conferred on the appropriate agency by virtue of paragraph 4 below, the byelaws mentioned in that sub-paragraph include byelaws—

• (a) regulating sailing, boating, bathing and fishing and other forms of recreation;

• (b) prohibiting the use of the inland waters in question by boats which are not for the time being registered, in such manner as may be required by the byelaws, with the appropriate agency;

• (c) requiring the provision of such sanitary appliances as may be necessary for the purpose of preventing pollution; and

• (d) authorising the making of reasonable charges in respect of the registration of boats for the purposes of the byelaws.

• (5) In this paragraph “boat” includes a vessel of any description, and “boating” shall be construed accordingly.

Byelaws for regulating the use of the appropriate agency's waterways etc.

3

• (1) The appropriate agency shall have power to make such byelaws as are mentioned in sub-paragraph (2) below with respect to any waterway owned or managed by the appropriate agency and with respect to any land held or managed with the waterway.

• (2) The byelaws referred to in sub-paragraph (1) above in relation to any waterway or to any land held or managed with any such waterway are byelaws for any of the following purposes, that is to say—

• (a) the preservation of order on or in any such waterway or land;

• (b) the prevention of damage to anything on or in any such waterway or land or to any such land;

• (c) securing that persons resorting to any such waterway or land so behave as to avoid undue interference with the enjoyment of the waterway or land by others.

• (3) Without prejudice to the generality of any of the paragraphs of sub-paragraph (2) above or to the power conferred on the appropriate agency by virtue of paragraph 4 below, the byelaws mentioned in that sub-paragraph include byelaws—

• (a) regulating sailing, boating, bathing and fishing and other forms of recreation;

• (b) prohibiting the use of the waterway in question by boats which are not for the time being registered, in such manner as may be required by the byelaws, with the appropriate agency;

• (c) requiring the provision of such sanitary appliances as may be necessary for the purpose of preventing pollution; and

• (d) authorising the making of reasonable charges in respect of the registration of boats for the purposes of the byelaws.

• (4) In this paragraph—

• “boat” and “boating” have the same meanings as in paragraph 2 above; and

• “waterway” has the same meaning as in the National Parks and Access to the Countryside Act 1949.

Byelaws for controlling certain forms of pollution

4

• (1) The appropriate agency may by byelaws make such provision as the appropriate agency considers appropriate—

• (a) for prohibiting or regulating the washing or cleaning in any controlled waters of things of a description specified in the byelaws;

• (b) for prohibiting or regulating the keeping or use on any controlled waters of vessels of a description specified in the byelaws which are provided with water closets or other sanitary appliances.

• (2) In this paragraph—

• “controlled waters” has the same meaning as in Part III of this Act; and

• “sanitary appliance”, in relation to a vessel, means any appliance which—

• (a) not being a sink, bath or shower bath, is designed to permit polluting matter to pass into the water where the vessel is situated; and

• (b) is prescribed for the purposes of this paragraph.

Byelaws for flood defence and drainage purposes

5

• (1) The appropriate agency may make such byelaws in relation to any particular locality or localities as it considers necessary for any of Purposes 1 to 4.

• (1A) Purpose 1 is to secure the efficient working of a drainage system.

• (1B) Purpose 2 is to regulate the effects on the environment of a drainage system.

• (1C) Purpose 3 is to secure the effectiveness of flood risk management work within the meaning of section 165.

• (1D) Purpose 4 is to secure the effectiveness of works done in reliance on section 38 or 39 of the Flood and Water Management Act 2010 (incidental flooding or coastal erosion).

• (2) Without prejudice to the generality of sub-paragraph (1) above and subject to sub-paragraph (3) below, the appropriate agency may, in particular, make byelaws for any of the following purposes, that is to say—

• (a) regulating the use and preventing the improper use of any watercourses, banks or works vested in the appropriate agency or under its control or for preserving any such watercourses, banks or works from damage or destruction;

• (b) regulating the opening of sluices and flood gates in connection with any such works as are mentioned in paragraph (a) above;

• (c) preventing the obstruction of any watercourse vested in the appropriate agency or under its control by the discharge into it of any liquid or solid matter or by reason of any such matter being allowed to flow or fall into it;

• (d) compelling the persons having control of any watercourse vested in the appropriate agency or under its control, or of any watercourse flowing into any such watercourse, to cut the vegetable growths in or on the bank of the watercourse and, when cut, to remove them.

• (3) No byelaw for any purpose specified in sub-paragraph (2)(a) above shall be valid if it would prevent reasonable facilities being afforded for enabling a watercourse to be used by stock for drinking purposes.

• (3A) If, in any particular case,—

• (a) a marine licence is needed for the carrying on of any activity,

• (b) before that activity may be carried on, the consent of the appropriate agency would also be required (apart from this sub-paragraph) by virtue of any byelaw under this paragraph, and

• (c) the appropriate agency considers that, in view of the terms and conditions that will be included in the marine licence, the requirement for the consent of the appropriate agency may be dispensed with, and issues a notice to that effect,

the requirement for the consent of the appropriate agency does not apply in relation to the carrying on of that activity.

• (3B) In sub-paragraph (3A) “marine licence” has the same meaning as in Part 4 of the Marine and Coastal Access Act 2009.

• (4) Notwithstanding anything in this Act, no byelaw made by the appropriate agency under this paragraph shall conflict with or interfere with the operation of—

• (a) any byelaw made by a navigation authority, harbour authority or conservancy authority;

• (b) any byelaw made under section 129 , 129A, 129B or 132(1) or (1A) of the Marine and Coastal Access Act 2009 (byelaws for marine conservation in England);

• (c) any order made under section 134 , 134A, 134B or 136(1) or (1A) of that Act (orders for marine conservation in Wales).

• (5) In this paragraph “banks”, “drainage” and “watercourse” have the same meanings as in Part IV of this Act.

Byelaws for purposes of fisheries functions

6

• (1) The appropriate agency shall have power, in relation to the whole or any part or parts of the area in relation to which it carries out its functions relating to fisheries under Part V of this Act, to make byelaws generally for the purposes of—

• (a) the better execution of the Salmon and Freshwater Fisheries Act 1975; and

• (b) the better protection, preservation and improvement of any fisheries of fish to which this paragraph applies.

• (1A) This paragraph applies to—

• (a) salmon, trout, eels, lampreys, smelt, shad and freshwater fish; and

• (b) fish of such other description as may be specified for the purposes of this paragraph by order under section 40A of the Salmon and Freshwater Fisheries Act 1975.

• (2) ..., the appropriate agency shall have power, in relation to the whole or any part or parts of the area mentioned in sub-paragraph (1) above, to make byelaws for any of the following purposes, that is to say—

• (a) prohibiting the taking or removal from any water, without lawful authority, of any fish to which this paragraph applies, whether alive or dead;

• (aa) specifying close seasons or times for the taking of any fish to which this paragraph applies by such means as may be prescribed by the byelaws;

• (b) prohibiting or regulating—

• (i) the taking of any fish to which this paragraph applies of a size greater or less than such as may be prescribed by the byelaw; or

• (ii) the taking of fish to which this paragraph applies by any means within such distance as is specified in the byelaw above or below any dam or any other obstruction, whether artificial or natural;

• (c) prohibiting the use for taking fish to which this paragraph applies of any instrument ... in such waters and at such times as may be prescribed by the byelaws;

• (d) specifying the nets and other instruments ... which may be used for taking fish to which this paragraph applies, imposing requirements as to the use of such nets and other instruments and regulating the use, in connection with fishing with rod and line, of any lure or bait specified in the byelaw;

• (e) authorising the placing and use of fixed engines at such places, at such times and in such manner as may be prescribed by the byelaws; (including requiring fixed engines during close seasons or times to be removed or made incapable of taking or obstructing the passage of fish)

• (f) imposing requirements as to the construction, design, material and dimensions of any such nets, instruments or engines as are mentioned in paragraphs (d) and (e) above, including in the case of nets the size of mesh;

• (g) requiring and regulating the attachment to ... nets and instruments of marks, labels or numbers, or the painting of marks or numbers or the affixing of labels or numbers to boats, coracles or other vessels used in fishing;

• (h) prohibiting the carrying in any boat or vessel whilst being used in fishing for fish to which this paragraph applies of any net which may not lawfully be used, or which is without the mark, label or number prescribed by the byelaws; and

• (i) prohibiting or regulating the carrying in a boat or vessel during any close season or time for any description of fish to which this paragraph applies of a net capable of taking fish of that description, other than a net commonly used in the area to which the byelaw applies for sea fishing and carried in a boat or vessel commonly used for that purpose.

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

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

• (5) The appropriate agency shall have power, in relation to the whole or any part or parts of the area mentioned in sub-paragraph (1) above, to make byelaws for the purpose of requiring persons to send to the appropriate agency returns, in such form, giving such particulars and at such times as may be specified in the byelaws—

• (a) of the period or periods during which they have fished for fish to which this paragraph applies,

• (b) of whether they have taken any; and

• (c) if they have, of what they have taken.

• (5A) A byelaw under this paragraph does not apply to a person (including an employee or agent of the appropriate agency) to the extent that he is acting—

• (a) with the written authority of the appropriate agency; and

• (b) in accordance with any conditions imposed by the appropriate agency in relation to that authority.

• (5B) For the avoidance of doubt, a byelaw under this paragraph may apply to an historic installation as to any other fixed engine.

• (6) Byelaws made under this paragraph may be made to apply to the whole or any part or parts of the year.

• (7) Expressions used in this paragraph and in the Salmon and Freshwater Fisheries Act 1975 have the same meanings in this paragraph as in that Act.

Restrictions on powers to make byelaws for fisheries purposes

7

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

SCHEDULE 26

Confirmation of byelaws

1

• (1) No byelaw made by the Authority shall have effect until confirmed by the relevant Minister under this Schedule.

• (2) At least one month before it applies for the confirmation of any byelaw, the Authority shall—

• (a) cause a notice of its intention to make the application to be published in the London Gazette and in such other manner as it considers appropriate for the purpose of bringing the proposed byelaw to the attention of persons likely to be affected by it; and

• (b) cause copies of the notice to be served on any persons carrying out functions under any enactment who appear to it to be concerned.

• (3) For at least one month before an application is made by the Authority for the confirmation of any byelaw, a copy of it shall be deposited at one or more of the offices of the Authority, including (if there is one) at an office in the area to which the byelaw would apply.

• (4) The Authority shall provide reasonable facilities for the inspection free of charge of a byelaw deposited under sub-paragraph (3) above.

• (5) Every person shall be entitled, on application to the Authority, to be furnished free of charge with a printed copy of a byelaw so deposited.

Confirmation with or without modifications

2

• (1) Subject to sub-paragraph (3) below, the relevant Minister, with or without a local inquiry, may refuse to confirm any byelaw submitted to him by the Authority for confirmation under this Schedule, or may confirm the byelaw either without or, if the Authority consents, with modifications.

• (2) The Authority shall, if so directed by the relevant Minister, cause notice of any proposed modifications to be given in accordance with his directions.

• (3) A byelaw made by the Authority under paragraph 4 of Schedule 25 to this Act shall be confirmed without a local inquiry only if—

• (a) no written objection to its confirmation has been received by the relevant Minister;

• (b) every objection to its confirmation which has been so received has been withdrawn; or

• (c) in the opinion of that Minister the person making the objection has no material interest in the controlled waters to which the byelaw relates;

and in relation to any such byelaw sub-paragraph (1) above shall have effect with the substitution for the words “if the Authority consents” of the words “after consultation with the Authority” .

Commencement of byelaw

3

• (1) The relevant Minister may fix the date on which any byelaw confirmed under this Schedule is to come into force.

• (2) If no date is so fixed in relation to a byelaw, it shall come into force at the end of the period of one month beginning with the date of confirmation.

Availability of confirmed byelaws

4

• (1) Every byelaw made by the appropriate agency and confirmed under this Schedule shall be printed and deposited at one or more of the offices of the appropriate agency , including (if there is one) at an office in the area to which the byelaw applies; and copies of the byelaw shall be available at those offices, at all reasonable times, for inspection by the public free of charge.

• (2) Every person shall be entitled, on application to the appropriate agency and on payment of such reasonable sum as the appropriate agency may determine, to be furnished with a copy of any byelaw so deposited by the appropriate agency.

Revocation of byelaws

5

If it appears to the relevant Minister that the revocation of a byelaw is necessary or expedient, he may—

• (a) after giving notice to the appropriate agency and considering any representations or objections made by the appropriate agency; and

• (b) if required by the appropriate agency, after holding a local inquiry,

revoke that byelaw.

Proof of byelaws

6

The production of a printed copy of a byelaw purporting to be made by the appropriate agency upon which is indorsed a certificate, purporting to be signed on its behalf, stating—

• (a) that the byelaw was made by the appropriate agency;

• (b) that the copy is a true copy of the byelaw;

• (c) that on a specified date the byelaw was confirmed under this Schedule; and

• (d) the date, if any, fixed under paragraph 3 above for the coming into force of the byelaw,

shall be prima facie evidence of the facts stated in the certificate, and without proof of the handwriting or official position of any person purporting to sign the certificate.

Meaning of “the relevant Minister"

7

In this Schedule “the relevant Minister”—

• (a) in relation to byelaws which—

• (i) are made by virtue of paragraph 5 of Schedule 25 to this Act or by virtue of section 136(8) of the Water Act 1989 as read with the savings in paragraphs 1 and 5 of Schedule 2 to the Water Consolidation (Consequential Provisions) Act 1991 (transfer of land drainage functions under local statutory provisions); and

• (ii) have effect in a flood risk management region ... in England,

means the Minister;

• (b) in relation to byelaws made by virtue of paragraph 6 of that Schedule 25 or by virtue of any provision amended by Schedule 17 to the Water Act 1989 (fisheries functions of the Agency), means the Secretary of State or the Minister; and

• (c) in relation to any other byelaws, means the Secretary of State.

Table of Derivations

Notes:

1

The following abbreviations are used in this Table:—

1945 =	The Water Act 1945 (c. 42)
1963 =	The Water Resources Act 1963 (c. 38)
1965 =	The Science and Technology Act 1965 (c. 4)
1973 =	The Water Act 1973 (c. 37)
1975 =	The Salmon and Freshwater Fisheries Act 1975 (c. 51)
1976 =	The Land Drainage Act 1976 (c. 70)
1977 =	The Criminal Law Act 1977 (c. 45)
1980(LG) =	The Local Government, Planning and Land Act 1980 (c. 65)
1981 =	The Water Act 1981 (c. 12)
1982(CJA) =	The Criminal Justice Act 1982 (c. 43)
1983 =	The Water Act 1983 (c. 23)
1984 =	The Telecommunications Act 1984 (c. 12)
1985(LG) =	The Local Government Act 1985 (c. 51)
1986(GA) =	The Gas Act 1986 (c. 44)
1989 =	The Water Act 1989 (c. 15)
1989(EA) =	The Electricity Act 1989 (c. 29)
1990 =	The Environmental Protection Act 1990 (c. 43)
1991(NR) =	The New Roads and Street Works Act 1991 (c. 22)
R: (followed by a number) =	The recommendation so numbered as set out in the Appendix to the Report of the Law Commission (Cm. 1483).

2

Transfer of functions orders (“TFOs”), where applicable in relation to a provision re-enacted in the Bill, are specified at the appropriate place in column 2 of the Table.

3

General provisions contained in section 32 of the Magistrates' Courts Act 1980 (c. 43) and section 46 of the Criminal Justice Act 1982 (c. 48) provide, respectively, for the maximum fine on summary conviction of an either way offence to be the statutory maximum and for a reference to the amount of the maximum fine to which a person is liable in respect of a summary offence to become a reference to a level on the standard scale. Where the effect of one of these enactments is consolidated it is not referred to separately in column 2 of this Table.

1	1989 s. 1.
2	1963 s. 126(3) & (4); 1989 s. 1(1), 8(4) & (5), 136(7) & (8), 141(4) & (7), 142(1) & 143(1), 189(1) (definition of “function”) & Sch 13 paras 23(3) & 27.
3	1989 s. 188.
4	1989 s. 144 & 145(1)(a) & (b), (2) & (3).
5	1989 s. 146; Sch 12 paras 4(7) & 6(4).
6	1989 s. 3.
7	1989 s. 2.
8	1989 s. 141(1)(b) & (c), (2) & (3).
9	1989 ss. 136(6) & (7) & 137(1)–(2).
10	1989 s. 137(3), (7), (10) & (11) & 138(1) & (8).
11	1989 ss. 137(11) & 138(2)–(7) & (9).
12	1976 s. 4; 1989 s. 139(1) and Sch 15 paras 1 & 2. TFO: SI 1978/272 Sch 3, para 7(2); R: 6.
13	1976 s. 5(1)–(6) & (8); 1985(LG) Sch 7 para 2 & SI 1986/208 Sch 1 Pt II para 2; 1989 Sch 15 paras 1 & 3.
14	1976 s. 5(7); 1989 ss. 137(8) & 139(3) & Sch 15 para 1.
15	1989 s. 7(6) & (7).
16	1989 ss. 8(1)–(3), (5)–(7) & 152(8).
17	1989 s. 9; 1990 Sch 9 para 17(2).
18	1989 s. 10; 1990 Sch 9 para 17(3).
19	1989 s. 125.
20	1989 s. 126.
21	1963 ss. 19(1), (3)–(7) & 135(1)(part) & (5); 1973 Sch 8 para 85; 1989 s. 127; 1989(EA) Sch 16 para 10; TFOs: SI 1965/145 Sch 1; SI 1970/1537 Art 2(1); SI 1970/1681 Sch 3 para 9(1); SI 1974/692 Sch 1 Pt III; SI 1983/1127 Art 2(3).
22	1963 s. 19(2) & (6); 1989 s. 127(2) & (5).
23	1963 s. 22; 1973 s. 9; 1989 Sch 13 paras 1 and 4.
24	1963 ss. 23, 49 & 128(1); 1976 (c. 44) s. 5(8); 1989 Sch 13 paras 1 & 5 & Sch 25 para 2.
25	1963 ss. 36(1)–(3), (5) & (6), 48, 49 & 128(1); 1976 (c. 44) s. 5(8); 1989 Sch 13 paras 1, 12 & 16 & Sch 25 para 2.
26	1963 s. 24(6) & 36(4).
27	1963 s. 24(1)–(3) & (5) & 26(1)(b); 1989 Sch 13 para 6.
28	1963 ss. 24(2)(proviso) & 55; 1973 s. 9; 1989 Sch 13 para 1.
29	1963 s. 24(4), (5) & (10); 1973 Sch 8 para 78.
30	1963 s. 78(1)–(3) & (7); 1973 s. 9; 1989 Sch 13 paras 1 & 20.
31	1963 s. 78(4)–(6).
32	1963 s. 24(7)–(9); 1973 s. 9; 1989 Sch 13 para 1.
33	1963 ss. 25 & 134(4); 1973 s. 9; 1989 Sch 13 paras 1 & 7.
34	1963 s. 54(1)–(3) & (5).
35	1963 s. 27; 1968 (c. 35) s. 1; 1973 s. 9; 1989 Sch 13 para 1.
36	1963 s. 37(3); 1973 s. 9; 1989 Sch 13 para 1.
37	1963 ss. 28 & 37(5); 1973 s. 9; 1989 Sch 13 paras 1 & 8.
38	1963 ss. 28(3) (part), 29(3) & (8) & 37(5); 1973 s. 9; 1989 Sch 13 para 1.
39	1963 ss. 26(1) & (2), 29(2) & (7)(a), 36(6), 37(5) & 135(5); 1973 s. 9; 1989 Sch 13 paras 1 & 9(1).
40	1963 ss. 29(4)–(6) & (7)(b) & 37(5); 1973 s. 9; 1989 Sch 13 paras 1 & 9(2).
41	1963 s. 38(1) & (2); 1973 s. 9 & Sch 8 para 79; 1989 Sch 13 paras 1 & 13.
42	1963 ss. 38(3) & (4) & 41(1)–(4) & (7)–(9); 1973 s. 9; 1989 Sch 13 paras 1 & 14(2).
43	1963 ss. 39(1), (2) & (4) & 40; 1973 s. 9; 1989 Sch 13 para 1.
44	1963 ss. 39(3)–(6), 40 & 41(1), (5) & (7)–(9); 1989 Sch 13 paras 1 & 14(1).
45	1963 s. 54(2), (3) & (5).
46	1963 s. 30(1)–(3) & (5)–(7) & 54(4); 1973 s. 9; 1989 Sch 13 paras 1 & 10.
47	1963 ss. 30(4), 31(4) & 37(1).
48	1963 ss. 26(1)(a), 31(1) & (3) & 37(2).
49	1963 s. 32(1), (2), (6) & (7); 1973 s. 9; 1989 Sch 13 paras 1 & 11.
50	1963 s. 32(3), (4), (6) & (7); 1973 s. 9; 1989 Sch 13 para 1.
51	1963 s. 42; 1973 s. 9; 1989 Sch 13 para 1.
52	1963 s. 43(1)–(5) & (9); 1973 s. 9; 1989 Sch 13 para 1.
53	1963 s. 43(5)–(8); 1973 s. 9; 1989 Sch 13 para 1.
54	1963 s. 44; 1973 s. 9; 1989 Sch 13 para 1.
55	1963 s. 47(1)–(3) & (11); 1973 s. 9; 1989 Sch 13 para 1.
56	1963 s. 47(3)–(5); 1973 s. 9; 1989 Sch 13 para 1.
57	1963 s. 45; 1973 s. 9; 1989 Sch 13 paras 1 & 15.
58	1963 s. 64; 1989 Sch 13 para 19.
59	1963 s. 54(2) & (5).
60	1963 s. 50; 1973 s. 9; 1989 Sch 13 para 1.
61	1963 ss. 46 & 47(6); 1973 s. 9; 1989 Sch 13 para 1.
62	1963 ss. 47(7)–(10) & 71(3); 1973 s. 9; 1989 Sch 13 para 1.
63	1963 s. 51; 1973 s. 9; 1989 Sch 13 para 1.
64	1963 ss. 43(1) & 52; 1973 s. 9; 1989 Sch 13 para 1.
65	Introduces Sch 7
66	1963 s. 131(1), (2) & (8) & 134(4); 1989 Sch 13 para 29; TFOs: SI 1965/319; SI 1970/1681.
67	1963 s. 132; 1989 Sch 13 para 30.
68	1963 ss. 116 & 134(4) & (6); TFOs: SI 1965/319 Sch 3 para 2.
69	1963 s. 117; 1973 s. 9; 1989 Sch 13 para 1.
70	1963 s. 135(8); IA s. 17.
71	1963 ss. 133(2)–(4), 134(4) & (6) & 135(1).
72	1963 ss. 105, 134(4) & (6) & 135(1), (3), (6) & (7); 1973 Sch 8 para 86; 1989 Sch 13 para 31(1)(e) & (3).
73	1989 ss. 131(1), (2) & (8) & 132(1), (2) & (9).
74	1989 ss. 131(3)–(4) & (9) & 133(7)(b) & (c).
75	1989 ss. 132(3), (4), (6), (7) & (10) & 133(7)(b) & (c).
76	1989 ss. 131(5)–(7) & 132(5).
77	1963 s. 128(2); 1989 ss. 133(1)–(4) & 135(1) & Sch 13 para 28.
78	1989 ss. 132(8) & 133(5), (6) & (7)(a); 1991(NR) Sch 8 para 116(2).
79	1989 ss. 131(8), 132(9) & 133(8) & Sch 14 para 4.
80	1989 s. 134.
81	1989 s. 135(2).
82	1989 s. 104.
83	1989 s. 105.
84	1989 s. 106.
85	1989 s. 107(1) & (6); 1990 s. 145(1).
86	1989 s. 107(2)–(4).
87	1989 s. 107(5) & 108(7) & (8).
88	1989 s. 108(1) & (9) & 113(1) & Sch 19 para 8(7); 1990 Sch 15 para 29.
89	1989 ss. 108(2)–(6) & 124(1).
90	1989 s. 109.
91	1989 Sch 12 para 8.
92	1989 s. 110.
93	1989 s. 111(1)–(3) & (5).
94	1989 s. 112(1), (4)–(7) & (9).
95	1989 s. 112(2), (3) & (9).
96	1989 s. 111(4) & 112(8).
97	1989 s. 116.
98	1989 s. 123.
99	1989 s. 113(2) & (3).
100	1989 s. 122.
101	1989 s. 121(2).
102	1989 s. 171.
103	Introduces Sch 13.
104	1989 ss. 103(1), (2) (part) & (4) to (6) & 124.
105	1976 s. 113; 1989 s. 136(1).
106	1989 s. 136(3)–(5) & (9).
107	1976 ss. 8(1), 18, 24(2) & (3), 26; 1989 Sch 15 paras 1 & 9(1).
108	1976 ss. 10(1), (3) & (4), 94, 109(1), (5)(b) & (6) & 116(1); 1989 Sch 15 para 1; SI 1991/983; TFO: SI 1978/272 Sch 3 para 7(5) & (8).
109	1976 s. 29(1), (2), (4), (6) & (7); 1989 Sch 15 para 1.
110	1976 ss. 29(2A), (3), (5) & (9) & 109(1) & (2); 1989 Sch 15 paras 1, 13 & 35; TFO: SI 1978/272 Sch 3 para 7(3).
111	1976 s. 23(2)–(5); 1984 Sch 4 para 66(1); 1989 Sch 15 paras 1 & 8; TFO: SI 1978/272 Sch 3 para 7(4) & (6).
112	1976 s. 95; TFO: SI 1978/272 Sch 3 para 7.
113	1976 s. 8(2) & (3) 114(1) & 116; 1989 Sch 15 para 1; TFO: SI 1978/272 Sch 3 para 7(5).
114	1989 s. 141(1)(a).
115	1975 s. 28(3)–(6) & Sch 3 paras 7–9 & 13; 1989 Sch 17 paras 1 & 7(7)(a) & (14)(a) & (b); TFO: SI 1978/272 Sch 3 para 6.
116	1989 s. 171.
117	1989 Sch 1 para 15(1)–(3) & (5).
118	1989 Sch 1 para 15(4) & 16.
119	1963 s. 88 & 1989 Sch 1 para 15(4) & Sch 13 para 1.
120	1963 s. 91 & 135(1) & (2); 1989 Sch 13 paras 1, 24 & 31; TFOs: SI 1976/1775; SI 1979/571 Art 3(5); SI 1981/238 Arts 2 & 3(4); R: 16.
121	1989 Sch 1 para 21.
122	1989 Sch 1 para 22.
123	1989 s. 129(1)–(3) & (7)–(9).
124	1989 s. 129(3)–(6).
125	1963 s. 60(5A) & (6); 1973 s. 9 & Sch 8 para 80(3); 1989 Sch 13 paras 1 & 18(2) & (3).
126	1963 ss. 60(1)–(5), 116 & 117; 1973 s. 9 & Sch 8 para 80(1); 1989 Sch 13 paras 1 & 18(1); TFOs: SI 1965/319 Sch 3 para 2 & SI 1970/1681.
127	1963 s. 63(1)–(3), (8), (10) & (11); 1973 s. 9; 1989 Sch 13 para 1.
128	1963 s. 63(4)–(6); 1973 s. 9; 1989 Sch 13 para 1.
129	1963 ss. 63(7), 116 & 117.
130	1963 s. 131(6) & (7); 1973 s. 9; 1989 Sch 13 para 1; TFOs: SI 1965/319; SI 1970/1681.
131	1989 Sch 12 para 9(1)–(3), (7) & (8).
132	1989 Sch 12 para 9(3)–(6).
133	1989 Sch 25 para 80(1).
134	1976 ss. 48 & 89(2); SI 1978/319 Sch para 2; 1989 Sch 15 paras 1 & 20; SI 1990/214 reg 2.
135	1976 s. 49 & 109(1) & (2); SI 1978/319 Sch para 3; 1989 Sch 15 paras 1 & 21. SI 1990/214 regs 3 & 4; TFO: SI 1978/272 Sch 3 para 7(5).
136	SI 1990/214 reg 3.
137	1976 ss. 50(1)–(4) & (9) & 116(4); 1989 Sch 15 paras 1 & 22; TFO: SI 1978/272 Sch 3 para 7(5).
138	1976 ss. 51 & 109(1) & (3); SI 1978/319 Sch para 4; 1989 Sch 15 paras 1 & 23.
139	1976 s. 84(1)–(3) & (5); 1989 Sch 15 para 1; SI 1990/72 reg 3A(1); SI 1991/523 reg 3.
140	1976 s. 84(5)–(8); 1989 Sch 15 para 1; TFO: SI 1978/272 Sch 3 para 7(4).
141	1976 s. 85; 1989 Sch 15 para 1; TFO: SI 1978/272 Sch 3 para 7(4).
142	1975 s. 28(3)(a) & (b); 1989 Sch 17 para 7(7)(a).
143	1976 s. 88(1), (2) & (5); 1989 Sch 15 paras 1 & 29.
144	1989 ss. 145(1)(c) & 189(1).
145	1976 ss. 89(1) & 116(1); SI 1978/319 Sch para 6; 1989 Sch 15 paras 1 & 30.
146	1989 Sch 1 para 17.
147	1976 s. 90(1)–(5); 1989 Sch 15 para 1; TFO: SI 1978/272 Sch 3 para 7(3).
148	1976 ss. 32(5) & 92; 1989 Sch 15 para 1; TFO: SI 1978/272 Sch 3 para 7(3).
149	1976 s. 90(6) & (7); 1989 Sch 15 paras 1 & 31; TFO: SI 1978/272 Sch 3 para 7(3).
150	1989 s. 170(7) & (8).
151	1989 Sch 1 para 18.
152	1989 Sch 1 para 19.
153	1989 s. 184 & Sch 1 para 20.
154	1989 s. 151.
155	1976 ss. 36 & 116; 1989 Sch 15 paras 1 & 16; TFO SI 1978/272 Sch 3 para 7(3).
156	1975 Sch 3 paras 37 and 38; 1989 Sch 17 paras 1 and 7(14)((e) & (f).
157	1989 s. 152.
158	1963 ss. 81 & 135(1); 1972 (c. 61) s. 18(6); 1973 s. 9; 1989 Sch 13 paras 1 & 22.
159	1989 s. 154(1) & (5) & Sch 19 paras 1 & 2(1), (2) & (8).
160	1989 Sch 19 paras 1 & 4(1), (4) & (5).
161	1989 ss. 115, 122 & 124.
162	1989 s. 154(1), (3) & (4) & Sch 19 paras 1(2), 2(1)(c) & (d) & 4(1)(c) & (d).
163	1989 Sch 19 para 8(1), (5), (6) & (8); R: 17.
164	1989 s. 176 & Sch 19 para 9(1) & (3)–(8) & Sch 26 para 43.
165	1976 ss. 8(2), 17, 22, 23(1), 90(7) & 116(4); 1989 Sch 15 paras 1 & 5.
166	1976 s. 32; 1989 Sch 15 paras 1 & 14.
167	1976 s. 33(1)–(3) & (5); 1989 Sch 15 para 1; 1990 Sch 15 para 18.
168	1975 Sch 3 para 37; 1989 ss. 155 & 157(1) & Sch 17 para 7(4)(e).
169	1989 s. 147(1), (2) & (4).
170	1989 Sch 19 para 10(1)–(3).
171	1989 s. 156(1)–(5).
172	1989 s. 147(1), (2) & (4).
173	Introduces Sch 20.
174	1989 s. 180.
175	1989 s. 153(2) & (6).
176	1989 s. 167.
177	Introduces Sch 21.
178	Introduces Sch 22.
179	1989 s. 160(4)–(7) & (9).
180	1976 s. 106; 1989 Sch 15 para 1.
181	1975 s. 38; 1976 s. 115; 1989 Sch 17 para 1 & Sch 19 para 7.
182	1989 s. 159.
183	1976 s. 111; 1979 (c. 46) Sch 4 para 16; 1989 s. 163; 1990 (c. 11) Sch 2 para 81(2).
184	1989 s. 157(2) & (3).
185	1976 s. 24(1) & 26(12); 1989 Sch 15 para 1.
186	1989 Sch 19 paras 1 & 11.
187	1989 s. 150.
188	1989 s. 143(2).
189	1963 s. 53; 1973 s. 9; 1989 Sch 13 paras 1 & 17.
190	1989 s. 117 & 121; 1990 Sch 15 para 30.
191	1989 Sch 19 para 9(2) & (8).
192	1989 s. 103(2) & (3).
193	1976 s. 9(1), (7), (8), (10) & (11); 1989 Sch 15 paras 1 & 4 & Sch 26 para 38; TFO: SI 1978/272 Sch 3 para 7(5).
194	1976 s. 9(3), (5) & (6); 1989 Sch 15 paras 1 & 4; TFO: SI 1978/272 Sch 3 para 7(5).
195	1989 s. 165.
196	1989 s. 149.
197	1989 s. 130.
198	1945 s. 7(1)–(5) & (7); 1965 Sch 2; 1977 Sch 1.
199	1963 s. 78(2)–(3) & (7); 1973 s. 9; 1989 Sch 13 paras 1 & 20.
200	1963 s. 17; 1973 s. 9; 1982(CJA) s. 38; 1989 Sch 13 paras 1 & 3.
201	1963 s. 114; 1973 s. 9; 1982(CJA) s. 38; 1989 Sch 13 para 1.
202	1989 ss. 118 & 121.
203	1989 s. 119.
204	1989 s. 174; R: 11.
205	1945 ss. 7(6) & (7) & 48(6); 1949 (c. 11) s. 1(1); 1977 Sch 1; TFOs: SI 1951/142 Sch; SI 1951/1900 art 1; SI 1965/319 Sch 3; SI 1970/1681 Sch 1.
206	1945 s. 45; 1963 s. 115; 1989 s. 175.
207	1989 s. 170(1)–(6) & (9).
208	1981 s. 6; 1986(GA) Sch 7 para 2(6); 1989 Sch 25 para 63; 1989(EA) Sch 16 para 1(5); 1990 (c. 11) Sch 2 para 46; 1991(NR) Sch 8 para 106.
209	1963 s. 31(5); 1989 s. 148.
210	1975 s. 28(6) & (8); 1989 s. 186 & Sch 17 para 7(7)(b).
211	1963 ss. 79(8) & (9) & 135(8); 1975 s. 28(7) & Sch 4 Pt I para 1(2); 1976 s. 34(4) & (5); 1977 Sch 6; 1982(CJA) s. 38; 1989 ss. 114(2), 121, 122 & 158(4)(d).
212	1975 Sch 3 paras 17 & 18; 1989 Sch 17 para 1; TFO: SI 1978/272 Sch 3 para 6.
213	1963 s. 109(1); 1973 s. 9; 1989 s. 120 & Sch 13 para 1; TFOs: SI 1965/319 Sch 3 para 2; SI 1978/272 Sch 3 para 2(7).
214	1976 s. 96; 1982(CJA) s. 38; 1986 (c. 63) s. 42; TFO: SI 1978/272 Sch para 7.
215	1963 s. 109(2); 1989 s. 181 & Sch 13 para 26 & Sch 17 para 7(16).
216	1963 s. 118(1) & (2); 1973 s. 9; 1989 Sch 13 para 1.
217	1963 s. 118(3) & (4); 1989 ss. 121(1) & 177; R: 13.
218	1989 ss. 182 & 189(1) (definition of “services”).
219	1963 s. 134; 1989 ss. 185 & 189(1) (definition of “prescribed”).
220	1945 s. 56; 1963 s. 120; 1989 s. 187 & Sch 25 para 7(10); R: 14.
221	1945 s. 59(1) (definition of “owner”); 1963(L) Sch 14 para 10; 1963 ss. 2, 19(7), 120(5) & 135; 1976 ss. 32(5) & 116; 1981 s. 6(7)(b); 1985(LG) Sch 7 para 9; 1989 ss. 124, 127(6), 130(8), 135(1), 189 & 191(6) & Sch 13 paras 2 & 31 & Sch 15 para 38; 1990 (c. 11) Sch 2 para 81(1); 1991(NR) Sch 8 para 116(3). R: 6, 15, 16 & 20.
222	1963 s. 123(1) & (5); 1976 s. 115; 1989 s. 192; 1990 (c. 11) Sch 2 para 81(3).
223	1963 s. 123(1) & (5).
224	1989 s. 193.
225	1989 ss. 141(6) & 194.
Sch 1	1963 s. 120(5); 1976 s. 35; 1989 Sch 1, Pt I, paras. 1-10 & 14 & Sch 15 para 1.
Sch 2	1963 ss. 82, 106, 133(2)–(4), 134(4) & 135(1) & (2) & Sch 10; 1973 s. 9 & Sch 8 para 83; 1989 Sch 13 paras 1, 23, 25 & 33; TFOs: SI 1976/1775 Sch 3 para 7; SI 1979/571 Art 3(5); SI 1981/238 Arts 2 & 3(4); R: 16.
Sch 3	1989 Sch 16.
Sch 4	1976 Sch 1; 1982 (c. 32) Sch 5 para 7; 1983 Sch 4 paras 5 & 6; 1985 (c. 65) Sch 8, para 29; 1989 Sch 15 paras 1 & 39; TFO: SI 1978/272 Sch 3 para 7(5).
Sch 5	1963 s. 135(1) & Sch 7; 1973 s. 9; 1989 Sch 13 paras 1 and 32; 1989(EA) Sch 16 para 10; TFOs: SI 1970/1681 Sch 3 para 9(1); 1983/1127 Art 2(3).
Sch 6	1963 ss. 25(5)–(8) & 135(1) & Sch 7; 1973 s. 9; 1989 Sch 13 paras 1 and 32; 1989(EA) Sch 16 para 10; TFOs: SI 1965/145 Sch 1; SI 1970/1537 art 2(1); SI 1970/1681 Sch 3 para 9; SI 1974/692 Sch 1 Pt III; SI 1983/1127 Art 2(3); R: 4.
Sch 7	1963 ss. 46(3) & 50(4) & (5); 1989 Sch 26 paras 30–33.
Sch 8	1989 Sch 14 paras. 1–3.
Sch 9	1989 s. 135(1) & Sch 14 paras. 5–8.
Sch 10	1989 s. 176 & Sch 12 paras 1–7.
Sch 11	1989 Sch 7.
Sch 12	1989 Sch 11.
Sch 13	1989 Sch 26 Pt III.
Sch 14	1976 s. 10(2) & (3) & 109(5)(b) and Sch 3 paras 1–4 and 9–14; TFO: SI 1978/272 Sch 3 para 7(12).
Sch 15	1976 ss. 52–61; 1989 Sch 15 paras 1, 24 & 25; SI 1978/319 Sch 5 para 5; SI 1990/214 Reg 5; TFO: SI 1978/272 Sch 3 para 7(5).
Sch 16	1976 ss. 50(4)–(8) & 109(6); 1989 Sch 15 para 1; SI 1991/983; TFO: SI 1978/272 Sch 3 para 7(5).
Sch 17	1976 ss. 88(3) & (4) & 109(1), (4) & (5) & Sch 3 paras 5 to 8.
Sch 18	1989 Sch 18.
Sch 19	1989 Sch 20.
Sch 20	1989 ss. 147(3), 156(6) 178 & 179 & Sch 19 para 10(4) & (5); 1991(NR) Sch 8 para 116(4).
Sch 21	1976 ss. 17(5) & 33(4); 1989 Sch 15 para 1 & Sch 19 paras 2(4)–(6), 6 & 8(2)–(4).
Sch 22	1976 ss. 29(8) & 112; 1984 Sch 4 para 66(2); 1984 (c. 32) Sch 6 para 12; 1986 (c. 31) Sch 2 para 5; 1986 (c. 44) Sch 7 para 25; 1987 (c. 3) Sch 1 para 32; 1989 s. 160(1)–(3), (6) & (8) & Sch 15 para 37 & Sch 19 paras 2(9) & 3; 1989 (c. 29) Sch 16 paras 21 & 37; 1991(NR) Sch 8 para 116(4); R: 17.
Sch 23	1989 Sch 21.
Sch 24	1989 s. 174(2)(d) & (3).
Sch 25	1963 s. 79(3)–(6); 1973 s. 9; 1975 Sch 3 paras 14–16 & 19–36; 1976 s. 34; 1986 (c. 62) s. 33(3); 1989 ss. 114, 158, Sch 13 para 21, Sch 15 para 15(1) & Sch 17 para 7(14)(c) & (d); R: 5.
Sch 26	1989 Sch 24.

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General management of resources by the Agency.

Abstraction licences

79A

• (1) If the appropriate agency is satisfied that, by reason of an exceptional shortage of rain, a serious deficiency of supplies of water in any area exists or is threatened then, subject to the following provisions of this section, it may, upon the application of a water undertaker which supplies water to premises in that area, issue to that undertaker a drought permit making such provision authorised by this section as appears to the appropriate agency to be expedient with a view to meeting the deficiency.

• (2) A drought permit may contain any of the following provisions, that is to say—

• (a) provision authorising the water undertaker to which it is issued to take water from any source specified in the permit subject to any conditions or restrictions so specified;

• (b) provision suspending or modifying, subject to any conditions specified in the permit, any restriction or obligation to which that undertaker is subject as respects the taking of water from any source.

• (3) A drought permit shall specify—

• (a) the day on which it comes into force; and

• (b) the period for which, subject to subsections (4) and (5) below, any authorisation given, or suspension or modification effected, by the permit is to have effect.

• (4) Subject to subsection (5) below, the period for which—

• (a) an authorisation given by a drought permit, or

• (b) a suspension or modification effected by such a permit,

has effect shall expire before the end of the period of six months beginning with the day on which the permit comes into force.

• (5) At any time before the expiration of the period for which such an authorisation, suspension or modification has effect, the appropriate agency may, by giving notice to the water undertaker to which the permit in question was issued, extend that period, but not so as to extend it beyond the end of the period of one year beginning with the day on which the permit came into force.

• (6) A drought permit which—

• (a) authorises the taking of water from a source from which water is supplied to an inland navigation; or

• (b) suspends or modifies—

• (i) a restriction as respects the taking of water from a source from which water is supplied to an inland navigation; or

• (ii) an obligation to discharge compensation water into a canal or into any river or stream which forms part of, or from which water is supplied to, an inland navigation,