Water Act 2014

(5) The Documentary Evidence Act 1868 has effect as if— (a) the NRBW were mentioned in the first column of the Schedule to that Act; (b) any member of the staff of the NRBW authorised to act on behalf of the NRBW were specified in the second column of the Schedule to that Act in connection with the NRBW; (c) the regulation referred to in that Act included the main river map for Wales kept by the NRBW; (d) references to a copy included references to a print-out of information kept in electronic form. (194B) (1) The NRBW may at any time replace the existing main river map for Wales for the purpose of including— (a) a change which, pursuant to section 194(2)(b), is required by the making, amendment or revocation of a scheme under section 137, (b) a change to give effect to a determination under section 194C, or (c) a change directed by the Welsh Ministers under section 194D(5) (following an appeal against a determination). (2) A replacement map may not include other changes. (3) A replacement map must specify the date on which it takes effect. (194C) (1) Subject to the following provisions of this section, the NRBW may determine that— (a) such watercourse or part of a watercourse in Wales as is specified in the determination is to be treated for the purposes of this Act as a main river or part of a main river; (b) such watercourse or part of a watercourse in Wales as is specified in the determination (not being a watercourse designated in a scheme made under section 137) is no longer to be treated for the purposes of this Act as a main river or part of a main river. (2) Before making a determination under subsection (1) as regards a watercourse, the NRBW must— (a) publish (in such manner as it considers appropriate) the determination it proposes to make, and (b) consider representations made within the time and in the manner specified by the NRBW when publishing the determination. (3) The NRBW must consult the Agency before making a determination under subsection (1)— (a) which affects a watercourse part of which is in Wales and part of which is in England, and (b) in which it seems to the NRBW that the Agency has an interest. (4) Having taken such steps as are required by subsections (2) and (3), the NRBW may— (a) decide not to make a determination, or (b) decide to make a determination in accordance with what was proposed under subsection (2)(a) or otherwise. (5) The NRBW must publish (in such manner as it considers appropriate)— (a) that decision; (b) the terms of any determination made; (c) if a determination is made, the date on which a replacement map will give effect to the determination. (6) The date specified under subsection (5)(c) may not be before the end of a period of six weeks beginning with the day on which the matters specified in subsection (5) are published. (7) The NRBW must also inform those persons affected by the proposal who made representations in accordance with subsection (2)(b) containing an objection to the proposal as to the matters referred to in subsection (5). (194D) (1) A person aggrieved by a determination under section 194C may appeal to the Welsh Ministers. (2) An appeal must be made before the end of a period of six weeks beginning with the day on which the matters referred to in section 194C(5) are published. (3) Where an appeal is made against a determination, a replacement map under section 194B may not include a change to give effect to the determination except as specified in this section. (4) The Welsh Ministers may appoint a person to make a report to assist them in determining the appeal. (5) If the Welsh Ministers allow the appeal in whole or in part, they may by direction to the NRBW— (a) specify a change to be included in a replacement map under section 194B, and (b) specify the date on which that change is to take effect. (6) If the Welsh Ministers dismiss the appeal, the NRBW may include a change to give effect to its determination in a replacement map, the replacement map to have effect on such date as the Welsh Ministers may direct. (7) The Welsh Ministers may direct the NRBW to publish their decision in such manner as the direction may specify. (194E) (1) The Welsh Ministers may from time to time issue guidance to the NRBW about the exercise of its functions under sections 194 to 194D. (2) The guidance may in particular include guidance as to— (a) determining whether or not a watercourse or part of a watercourse is suitable to become or to remain a main river or a part of a main river; (b) what kind of publication is appropriate under section 194C(2) and (5). (3) The NRBW must have regard to the guidance in carrying out its functions under sections 194 to 194D.

• (3) In section 113 (interpretation of Part 4), in subsection (1), in the definition of “main river”, for “a main river map” there is substituted “ the main river map for England or the main river map for Wales ”.

• (4) In section 221 (interpretation of the Act), in subsection (1)—

• (a) for the definition of “main river map” there is substituted—

“the main river map for England” has the meaning given by section 193(2); “the main river map for Wales” has the meaning given by section 194(2);

;

• (b) in the definition of “watercourse”, for “and 113(1)” there is substituted “ 113(1), 193(6) and 194(6) ”.

Maps of waterworks

60

• (1) Section 195 of the Water Resources Act 1991 (duty of appropriate agency to keep records of location of waterworks) is repealed.

• (2) In Schedule 23 to that Act (mineral rights), in paragraph 7(2) (structures and underground works which comprise appropriate agency's undertaking), for paragraph (b) there is substituted—

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

Part 3 — Environmental regulation

Regulation of the water environment

61

• (1) The Minister may by regulations make provision for any of the purposes listed in Part 1 of Schedule 8; and Part 2 of that Schedule has effect for supplementing Part 1.

• (2) Except as provided in Schedule 8, any provision so made is to be provision for or in connection with—

• (a) regulating the use of water resources,

• (b) securing the drainage of land or the management of flood risk, or

• (c) safeguarding the movement of fish through regulated waters.

• (3) In making regulations under this section, the Minister is to have regard to the desirability of reducing burdens by ensuring that so far as is reasonably practicable any system established by regulations under this section is combined with, or is consistent with, systems for regulating activities or other matters that cause pollution.

• (4) Regulations under this section may—

• (a) contain such consequential, incidental, supplementary, transitional or saving provisions (including provisions amending, repealing or revoking enactments) as the Minister considers appropriate, and

• (b) make different provision for different cases, including different provision in relation to different persons, circumstances, areas or localities.

• (5) Before making any regulations under this section, the Minister is to consult—

• (a) the Environment Agency;

• (b) the Natural Resources Body for Wales;

• (c) such bodies or persons appearing to the Minister to be representative of the interests of local government, industry, agriculture and small businesses respectively as the Minister may consider appropriate;

• (d) such other bodies or persons as the Minister may consider appropriate.

• (6) It is immaterial for the purposes of subsection (5) whether consultation is carried out before or after the coming into force of this section.

• (7) The Secretary of State's power to make regulations under this section is subject to the consent of the Scottish Ministers so far as the regulations apply as mentioned in subsection (11)(b),

• (8) In this section and Schedule 8 a reference to the use of water resources—

• (a) includes a reference to taking, diverting or impounding water from any inland waters, or taking water contained in underground strata, and applying it to any purpose, and

• (b) includes a reference to wasting water whether by action or omission, but

• (c) does not include a reference to the use, by a person other than a water undertaker, of water drawn from a water mains or pipe forming part of a system used by a water undertaker in carrying out a duty under section 37 of the Water Industry Act 1991.

• (9) In this section and Schedule 8—

• “enactment” includes—an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;an enactment contained in, or an instrument made under, an Act of the Scottish Parliament;an enactment contained in, or in an instrument made under, an Act or Measure of the National Assembly for Wales;

• “fish” means freshwater fish and migratory fish;

• “flood” has the meaning given in section 1 of the Flood and Water Management Act 2010;

• “flood risk” has the meaning given in section 2 of that Act;

• “freshwater fish” means any fish habitually living in fresh water;

• “inland waters” has the meaning given by section 221(1) of the Water Resources Act 1991;

• “migratory fish” means fish of a kind which migrates from fresh to salt water, or from salt to fresh water, in order to spawn;

• “the Minister” means—the Secretary of State, in relation to England and in relation to so much of the River Esk and its banks and tributary streams as is mentioned in subsection (11)(b), andthe Welsh Ministers, in relation to Wales;

• “regulated waters” means—inland waters in England and Wales,the waters of so much of the River Esk and its tributary streams up to their source as is mentioned in subsection (11)(b), andwaters adjoining the coast of England and Wales to a distance of six nautical miles measured from the baselines from which the breadth of the territorial sea is measured;

• “Wales” has the meaning given in section 158(1) of the Government of Wales Act 2006.

• (10) The reference in subsection (8)(a) to water contained in underground strata is to be read in accordance with section 221(3) of the Water Resources Act 1991, as if this section formed part of that Act.

• (11) Regulations made in reliance on subsection (2)(c)—

• (a) are not to apply in relation to the Tweed district (as defined in article 2(1) of the Scotland Act 1998 (River Tweed) Order 2006 (S.I. 2006/2913)), but

• (b) may apply in relation to so much of the River Esk, with its banks and tributary streams up to their source, as is situated in Scotland.

• (12) Regulations under this section may make provision applying in relation to (and to places above and below) the territorial waters adjacent to any part of England and Wales.

Environmental regulation: procedure

62

• (1) The power to make regulations under section 61 is to be exercised by statutory instrument.

• (2) A statutory instrument containing regulations made by the Secretary of State under section 61 is subject to annulment in pursuance of a resolution of either House of Parliament, subject as follows.

• (3) A statutory instrument containing regulations made by the Welsh Ministers under section 61 is subject to annulment in pursuance of a resolution of the National Assembly for Wales, subject as follows.

• (4) A statutory instrument containing any of the following regulations (whether alone or with other regulations) is subject to the affirmative resolution procedure—

• (a) the first regulations to be made by the Secretary of State under section 61;

• (b) the first regulations to be made by the Welsh Ministers under section 61;

• (c) regulations under section 61 which create an offence or increase a penalty for an existing offence;

• (d) regulations under section 61 which amend or repeal any provision of an Act, or an Act or Measure of the National Assembly for Wales.

• (5) A statutory instrument containing regulations made by the Secretary of State under both section 61 above and section 2 of the Pollution Prevention and Control Act 1999 is subject to the affirmative resolution procedure if an instrument containing only—

• (a) the regulations made by the Secretary of State under section 61 above, or

• (b) the regulations made by the Secretary of State under section 2 of the Pollution Prevention and Control Act 1999,

would be subject to the affirmative resolution procedure.

• (6) A statutory instrument containing regulations made by the Welsh Ministers under both section 61 above and section 2 of the Pollution Prevention and Control Act 1999 is subject to the affirmative resolution procedure if an instrument containing only—

• (a) the regulations made by the Welsh Ministers under section 61 above, or

• (b) the regulations made by the Welsh Ministers under section 2 of the Pollution Prevention and Control Act 1999,

would be subject to the affirmative resolution procedure.

• (7) A statutory instrument containing regulations made by the Secretary of State that is subject to the affirmative resolution procedure may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

• (8) A statutory instrument containing regulations made by the Welsh Ministers that is subject to the affirmative resolution procedure may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

• (9) Subsections (11) and (12) apply in relation to a statutory instrument containing both—

• (a) regulations under section 61 made or to be made by the Secretary of State, and

• (b) regulations under section 61 made or to be made by the Welsh Ministers.

• (10) Subsections (11) and (12) also apply in relation to a statutory instrument containing—

• (a) regulations under section 61 made or to be made by the Secretary of State,

• (b) regulations under section 61 made or to be made by the Welsh Ministers, and

• (c) regulations made under section 2 of the Pollution Prevention and Control Act 1999 (whether by the Secretary of State or the Welsh Ministers or both).

• (11) If in accordance with subsection (2) or (3) (negative resolution procedure)—

• (a) either House of Parliament resolves that an address be presented to Her Majesty praying that an instrument containing regulations made by the Secretary of State be annulled, or

• (b) the National Assembly for Wales resolves that an instrument containing regulations made by the Welsh Ministers be annulled,

nothing further is to be done under the instrument after the date of the resolution and Her Majesty may by Order in Council revoke the instrument.

• (12) If the statutory instrument contains any regulations which, on their own, would make the instrument subject to the affirmative resolution procedure, the instrument is subject to that procedure.

• (13) In section 2 of the Pollution Prevention and Control Act 1999, after subsection (9) there is inserted—

(10) See section 62 of the Water Act 2014 for further provision about the procedure applying to statutory instruments containing both regulations made under this section and regulations made under section 61 of that Act.

Repeal of certain provisions about culverts

63

The following provisions of the Public Health Act 1936 are repealed—

• (a) section 262 (power of local authority to require culverting of watercourses and ditches where building operations in prospect);

• (b) section 263 (watercourses in urban districts not to be culverted except in accordance with approved plans).

Part 4 — Flood insurance

The Flood Reinsurance Scheme

The Flood Reinsurance Scheme

64

• (1) For the purposes of this Part, the Flood Reinsurance Scheme is a scheme which—

• (a) is established for the purpose mentioned in subsection (2), and

• (b) is designated for the purposes of this Part by regulations made by the Secretary of State.

• (2) The purpose referred to in subsection (1)(a) is the purpose of providing reinsurance to relevant insurers in respect of such risks arising from a flood as are identified by the scheme, in such a way as to—

• (a) promote the availability and affordability of flood insurance for household premises while minimising the costs of doing so, and

• (b) manage, over the period of operation of the scheme, the transition to risk-reflective pricing of flood insurance for household premises.

• (3) The Secretary of State may by regulations make provision as to levels of reinsurance premiums payable by relevant insurers under the FR Scheme, and may make different provision for different purposes.

• (4) Regulations under subsection (3) may, in particular, make different provision for different purposes by reference to the value of the household premises insured.

• (5) In this section “flood insurance” means insurance in respect of risks arising from a flood.

• (6) In this Part, the Flood Reinsurance Scheme is called “the FR Scheme”.

Scheme administrator

65

• (1) The FR Scheme is to be administered by a body designated by regulations made by the Secretary of State.

• (2) The Secretary of State may under subsection (1) designate a company registered under the Companies Act 2006 or a body of another kind.

• (3) In this Part, the body designated under subsection (1) is called “the FR Scheme administrator”.

Scheme funding

66

• (1) The Secretary of State may, with the consent of the Treasury, make regulations requiring relevant insurers to pay to the FR Scheme administrator—

• (a) a levy, the amount and timing of which is to be determined in accordance with the regulations;

• (b) such further amounts, by way of levy or contribution, as may be requested by the FR Scheme administrator from time to time in accordance with the FR Scheme.

• (2) Regulations under subsection (1) may make provision as to—

• (a) the circumstances in which a request under subsection (1)(b) may be made;

• (b) the amounts that may be requested under subsection (1)(b).

• (3) The Secretary of State may by regulations make provision for amounts payable under subsection (1) to be recoverable summarily (or in Scotland recoverable) as a civil debt.

• (4) The Secretary of State may by regulations make provision as to the application of any amounts paid under subsection (1).

• (5) The Secretary of State may by regulations provide that, where such conditions as are specified in the regulations as regards the reserves of the FR Scheme are satisfied, the FR Scheme administrator must pay to the Secretary of State an amount of the reserves to be determined in accordance with the regulations.

• (6) Regulations under subsection (5) may—

• (a) define “reserves”;

• (b) make provision about determining the amount of the reserves of the FR Scheme.

• (7) Before making regulations under subsection (5), the Secretary of State must obtain the consent of the FR Scheme administrator, which is not to be unreasonably withheld.

Scheme administration

67

• (1) The Secretary of State may by regulations make provision in connection with the administration of the FR Scheme.

• (2) Regulations under subsection (1) may require the FR Scheme administrator to have regard to the following in discharging its functions—

• (a) the need to ensure economy, efficiency and effectiveness in the discharge of those functions,

• (b) the need to act in the public interest,

• (c) the need to ensure propriety and regularity in the operation of the FR Scheme, and

• (d) the need to manage, over the period of operation of the FR Scheme, the transition to risk-reflective pricing of flood insurance for household premises.

• (3) Regulations under subsection (1) may require the FR Scheme administrator to produce and publish, in accordance with the regulations, a plan for achieving the transition mentioned in subsection (2)(d).

• (4) Regulations under subsection (1) may require the FR Scheme administrator to provide the following information to relevant insurers who have issued insurance policies that are reinsured under the FR Scheme, so that those insurers may supply the information to holders of those policies—

• (a) information about how to find out about the levels of flood risk to which an area in which household premises are situated is subject and how any flood risk may be managed;

• (b) information about the FR Scheme, including information about the effect of section 64(2)(b) (transition to risk-reflective pricing of flood insurance for household premises).

• (5) Regulations under subsection (1) may—

• (a) limit, to any extent, the power of the FR Scheme administrator to borrow money or otherwise incur debt;

• (b) make provision about the reserves of the FR Scheme, including limitations on draw downs and transfers;

• (c) require the FR Scheme administrator to take steps to limit the overall net losses that may be incurred by the FR Scheme in any year to an amount specified in or determined in accordance with the regulations;

• (d) provide for the form and contents of the FR Scheme's accounts;

• (e) provide for a copy of the audited FR Scheme's accounts and a copy of the auditor's report on those accounts to be laid before Parliament;

• (f) provide for the Comptroller and Auditor General to examine—

• (i) the economy, efficiency and effectiveness with which the FR Scheme administrator has used resources in discharging its functions, and

• (ii) the propriety and regularity in the operation of the FR Scheme,

and for a report on any such examination to be laid before Parliament;

• (g) provide that for the purposes of an examination under paragraph (f)—

• (i) the Comptroller and Auditor General is to have a right of access at all reasonable times to any of the documents relating to the FR Scheme, and

• (ii) a person who holds or has control of any of those documents is to give the Comptroller and Auditor General any assistance, information or explanation which the Comptroller and Auditor General requires in relation to any of those documents.

• (6) Regulations under subsection (1) may—

• (a) require the FR Scheme administrator to designate an individual of a description specified in the regulations as the responsible officer of the FR Scheme;

• (b) provide for the responsible officer to have such responsibilities in respect of—

• (i) the FR Scheme's finances,

• (ii) the FR Scheme's accounts,

• (iii) accountability to Parliament for the economy, efficiency and effectiveness with which the FR Scheme uses resources in discharging its functions,

• (iv) accountability to Parliament for propriety and regularity in the operation of the FR Scheme, and

• (v) examinations and reports under subsection (5)(f),

as are specified in the regulations.

• (7) Regulations under subsection (1) may make provision about the disclosure of information required for the purposes of the FR Scheme and may, in particular, require relevant insurers to supply to the FR Scheme administrator such information as it may request in relation to insurance policies issued by them.

• (8) Regulations under subsection (1) may provide for the supply by the FR Scheme administrator of information held by it in connection with the FR Scheme to—

• (a) the Environment Agency,

• (b) the Scottish Environment Protection Agency,

• (c) the Natural Resources Body for Wales,

• (d) the Department of Agriculture and Rural Development in Northern Ireland, or

• (e) such other body as may be specified in the regulations.

• (9) Regulations under subsection (1) may provide for the supply by the FR Scheme administrator of information held by it in connection with the FR Scheme to the Secretary of State for purposes relating to government accounting.

• (10) Subsections (2) to (9) are not exhaustive of what may be done under subsection (1).

• (11) In this section—

• “flood insurance” has the meaning given in section 64;

• “the FR Scheme's accounts” means the accounts for a financial year of the FR Scheme prepared by the FR Scheme administrator in respect of the FR Scheme.

Replacement of the scheme or administrator

68

• (1) Where regulations under section 64 replace the FR Scheme by revoking a designation and making a new designation, the regulations may make such provision as the Secretary of State thinks fit in connection with the replacement of the old FR scheme with the new FR scheme.

• (2) Where regulations under section 65 replace the FR Scheme administrator by revoking a designation and making a new designation, the regulations may make provision for the transfer of property, rights and liabilities (whether or not otherwise capable of being transferred, and including pension liabilities in respect of staff) relating to the FR Scheme from the old administrator to the new administrator.

Disclosure of HMRC council tax information

69

• (1) The Commissioners for Her Majesty's Revenue and Customs may disclose relevant HMRC council tax information to any person who requires that information for either of the following descriptions of purposes—

• (a) purposes connected with such scheme as may be established and designated in accordance with section 64 (in any case arising before any scheme is so designated);

• (b) purposes connected with the FR Scheme (in any case arising after the designation of a scheme in accordance with section 64).

• (2) A person to whom information is disclosed under subsection (1)(a) or (b)—

• (a) may use the information only for the purposes mentioned in subsection (1)(a) or (b), as the case may be;

• (b) may not further disclose the information except with the consent of the Commissioners.

• (3) In this section—

• “HMRC council tax information” means information which is held for council tax purposes by the Valuation Office of Her Majesty's Revenue and Customs;

• “relevant HMRC council tax information” means HMRC council tax information relating to premises which are household premises and consisting of any of the following—the address (including the postcode) of the premises;the council tax valuation band in which the premises fall;information about when the premises were constructed;the National Address Gazetteer unique property reference number for the premises;the unique address reference number allocated to the premises by the Valuation Office of Her Majesty's Revenue and Customs.

• (4) The Secretary of State may by regulations amend the definition of “relevant HMRC council tax information” in subsection (3).

• (5) If the Secretary of State by regulations under subsection (4) amends the definition of “relevant HMRC council tax information” to add further descriptions of information, those regulations may include the provision described in subsection (6).

• (6) The regulations may provide that if a person discloses, in contravention of subsection (2)(b), information which is relevant HMRC council tax information by virtue of the regulations and which relates to a person whose identity—

• (a) is specified in the disclosure, or

• (b) can be deduced from it,

section 19 of the Commissioners for Revenue and Customs Act 2005 (wrongful disclosure) applies in relation to that disclosure as it applies in relation to a disclosure, in contravention of section 20(9) of that Act, of revenue and customs information relating to a person whose identity is specified in the disclosure or can be deduced from it.

• (7) The Secretary of State must consult the Commissioners for Her Majesty's Revenue and Customs before making regulations under subsection (4).

Flood insurance obligations

Flood insurance obligations

70

• (1) The Secretary of State may by regulations require a relevant insurer to issue in a prescribed period insurance policies that provide cover against a prescribed description of risk for a prescribed number of registered premises.

• (2) The regulations may prescribe different numbers of registered premises for different descriptions of risk.

• (3) The descriptions of risks that may be prescribed are those arising from a flood.

• (4) The regulations may provide for a prescribed number relating to a relevant insurer to be determined by reference to factors that include in particular—

• (a) a target number (see section 71);

• (b) the relevant insurer's share of insurance business of a prescribed description.

• (5) The regulations may—

• (a) make provision about determining the size of a relevant insurer's share of insurance business of a prescribed description;

• (b) provide for a relevant insurer to be exempt from the obligation described in subsection (1) in prescribed circumstances, whether wholly or so far as regards a particular description of risk, including circumstances relating to the amount of insurance business done by the relevant insurer;

• (c) make provision about the circumstances in which a relevant insurer ceases to be subject to the obligation described in subsection (1), whether wholly or so far as regards a particular description of risk;

• (d) make provision about the cases in which issuing an insurance policy is not to count towards discharging an obligation imposed on a relevant insurer by the regulations, including cases in which an insurance policy is not to count because of the content of its terms;

• (e) make provision for allowing an insurance policy issued by another insurer to count towards the discharge of an obligation to issue a number of insurance policies imposed on a relevant insurer by the regulations;

• (f) make provision about determining the number of registered premises for which a relevant insurer has issued insurance policies, including provision for varying, by reference to the risk band applicable to the particular registered premises, the extent to which insuring those premises counts in determining that number.

• (6) Provision under subsection (5)(a) may require an insurer, in determining the insurer's share of insurance business of a prescribed description, to use information about that insurance business held by—

• (a) the Secretary of State,

• (b) a person acting on behalf of the Secretary of State, or

• (c) the FCA.

• (7) Subsection (5)(e) is not to be taken as requiring a change in the person who is the insurer in relation to an insurance policy.

• (8) Regulations under this section may include provision in respect of cases where an insurer has not provided such information as is required by regulations under section 72 including—

• (a) provision for determining whether the insurer is a relevant insurer,

• (b) provision for determining whether an exemption applies, and

• (c) provision for determining what share of insurance business of a prescribed description the insurer is to be treated as having.

• (9) Before making regulations under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate.

• (10) In this section “prescribed” means specified in or determined in accordance with regulations under this section.

Target number

71

• (1) The Secretary of State may, from time to time, by regulations prescribe a number to be a target number for the purposes of regulations under section 70.

• (2) A target number is the number of registered premises to be covered against a prescribed description of risk by insurance policies issued in a prescribed period by those relevant insurers upon whom obligations are imposed by regulations under section 70.

• (3) The regulations may prescribe different target numbers for different descriptions of risk.

• (4) The regulations may in particular provide for a target number to be expressed as a percentage of the number of registered premises.

• (5) The regulations may, at any one time, prescribe target numbers for two or more consecutive prescribed periods.

• (6) In this section “prescribed” means specified in or determined in accordance with regulations under this section.

Information

72

• (1) The Secretary of State may by regulations make provision about—

• (a) the provision of information, and

• (b) the production of documents,

by insurers for the purposes of regulations under section 70.

• (2) The regulations may in particular require an insurer to provide information of a prescribed description or produce documents of a prescribed description for the purpose of showing, in relation to a prescribed period—

• (a) whether or not an insurer is a relevant insurer;

• (b) whether or not an exemption applies (see section 70(5)(b)).

• (3) The regulations may in particular require an insurer to provide information or produce documents about—

• (a) the insurance policies issued by it in a prescribed period that provide cover against prescribed descriptions of risk;

• (b) the value of the insurance policies so issued;

• (c) insurance policies so issued that do not remain in force to the end of the period of cover;

• (d) the value of such insurance policies.

• (4) The regulations may provide for information to be provided or documents to be produced to the Secretary of State or a person acting on behalf of the Secretary of State.

• (5) The regulations may make provision—

• (a) about the time within which information must be provided or documents produced;

• (b) about the form in which information is to be provided;

• (c) about the place where documents are to be produced;

• (d) requiring information to be verified in a prescribed manner;

• (e) requiring documents to be authenticated in a prescribed manner.

• (6) The regulations may make provision about—

• (a) the persons to whom, and the purposes for which, information supplied by an insurer may be disclosed;

• (b) the publication of information by the Secretary of State about the amount of insurance business of a prescribed description done by insurers, taken together.

• (7) In this section “prescribed” means specified in or determined in accordance with regulations under this section.

Section 72: further provision

73

• (1) The Secretary of State may by regulations make provision for and in connection with enforcing compliance with obligations imposed by regulations under section 72.

• (2) The regulations may in particular include—

• (a) provision about the sanctions, including civil penalties, that may be imposed by the Secretary of State or a person acting on behalf of the Secretary of State for non-compliance with the obligations;

• (b) provision about the procedure to be followed when imposing a sanction;

• (c) provision about the recovery of costs incurred in connection with imposing a sanction up to the time of its imposition;

• (d) provision enabling an appeal to the First-tier Tribunal against the imposition of a sanction or a requirement to pay costs.

• (3) Provision under subsection (2)(a) may in particular include—

• (a) provision for civil penalties of a fixed amount;

• (b) provision for further amounts to be payable by way of civil penalty where an insurer continues to fail to comply with the obligation in question;

• (c) provision about how a civil penalty or an amount of costs may be recovered.

• (4) Provision under subsection (2)(d) may include provision as to the grounds on which an appeal may be made.

Register of premises subject to greater flood risk

74

• (1) The Secretary of State may by regulations provide for the creation and maintenance of a register of household premises in the United Kingdom that are subject to greater flood risk for the purposes of regulations under section 70.

• (2) The regulations may provide for the levels of flood risk to which premises are subject to be divided into two or more bands (“risk bands”), and may prescribe the upper and lower limits of each band.

• (3) The regulations may provide for the register to specify the level of flood risk to which particular household premises are subject by specifying the risk band applicable to the premises.

• (4) The regulations may provide for premises of a description specified in the regulations to be excluded from the register, and the premises excluded may include in particular premises where construction is completed on or after a date specified in the regulations.

• (5) The regulations may—

• (a) specify the information to be contained in the register;

• (b) make provision about access to the information contained in the register;

• (c) provide for the publication of the register in whole or in part;

• (d) provide for the disclosure of information contained in the register;

• (e) provide for notification if premises are entered in, or omitted from, the register.

• (6) Regulations made under subsection (5)(d) may provide for—

• (a) the persons to whom information or any description of information contained in the register may be disclosed;

• (b) the imposition of conditions on persons to whom information contained in the register is disclosed, including conditions limiting further disclosure;

• (c) penalties for non-compliance with conditions imposed under paragraph (b).

• (7) The regulations may require applications for premises to be entered in the register to be made by or on behalf of a person who has the qualifying interest in the premises.

• (8) The regulations may provide for premises to be omitted from the register at the request of a person who has the qualifying interest in the premises.

• (9) Before making regulations under this section the Secretary of State must consult—

• (a) the Welsh Ministers;

• (b) the Scottish Ministers;

• (c) the Department of Agriculture and Rural Development in Northern Ireland.

Functions of relevant bodies

75

• (1) Regulations under section 74 may provide for a relevant body to carry out functions in connection with—

• (a) the creation and maintenance of the register;

• (b) giving access to information contained in the register;

• (c) publication of the register;

• (d) disclosure of information contained in the register;

• (e) notification when premises are entered in, or omitted from, the register.

• (2) The following are relevant bodies for the purposes of this Part—

• (a) the Environment Agency;

• (b) the Scottish Environment Protection Agency, in relation to Scotland;

• (c) the Natural Resources Body for Wales, in relation to Wales;

• (d) the Department of Agriculture and Rural Development in Northern Ireland, in relation to Northern Ireland.

• (3) The regulations may provide for the Environment Agency—

• (a) to coordinate the carrying out of functions conferred or imposed under subsection (1);

• (b) to promote consistency in the carrying out of those functions.

• (4) The regulations may—

• (a) require the relevant bodies to cooperate with each other as regards the functions conferred or imposed on any of them under subsection (1);

• (b) require the relevant bodies (other than the Environment Agency) to cooperate with the Environment Agency as regards the carrying out of functions conferred or imposed on the Environment Agency under subsection (3).

• (5) Regulations under section 74 may provide for the Commissioners for Her Majesty's Revenue and Customs, or a person authorised by them, to disclose information held for council tax purposes by the Valuation Office to—

• (a) the Environment Agency, or

• (b) the Natural Resources Body for Wales,

for use in identifying premises to be excluded from the register by reference to the date of completion of construction (see section 74(4)).

• (6) The regulations may include provision restricting the use or further disclosure of information disclosed under subsection (5).

Reviews and appeals

76

• (1) Regulations under section 74 may make provision for a person with the qualifying interest in particular premises—

• (a) to request a review of a decision by a relevant body that the premises are not eligible to be entered in the register;

• (b) to appeal against a decision by a relevant body that the premises are not eligible to be entered in the register to—

• (i) the sheriff, in relation to Scotland,

• (ii) the Water Appeals Commission for Northern Ireland, in relation to Northern Ireland, or

• (iii) the First-tier Tribunal, in any other case.

• (2) For “relevant body”, see section 75(2).

Expenses of relevant bodies

77

• (1) The Secretary of State may, with the consent of the Treasury, by regulations provide for a levy to be payable to the Secretary of State by insurers of a description specified in the regulations.

• (2) The regulations may—

• (a) specify the rate of the levy or the method by which it is to be calculated;

• (b) make provision as to the times when, and the manner in which, payments are to be made in respect of the levy.

• (3) The regulations may in particular make provision for determining the amount of the levy by reference to the qualifying expenses of the relevant bodies and the Secretary of State.

• (4) The regulations may make provision for amounts payable by way of levy under the regulations to be recoverable summarily (or in Scotland recoverable) as a civil debt.

• (5) Before making regulations under this section the Secretary of State must consult—

• (a) the Welsh Ministers;

• (b) the Scottish Ministers;

• (c) the Department of Agriculture and Rural Development in Northern Ireland.

• (6) In this section “qualifying expenses” means—

• (a) in relation to a relevant body, such proportion of the expenses of the relevant body as the Secretary of State considers reasonable having regard to the functions exercisable by that body under regulations under section 74;

• (b) in relation to the Secretary of State, the expenses of the Secretary of State attributable to the exercise of functions conferred by or under this section.

• (7) For “relevant body”, see section 75(2).

Compliance reports

78

• (1) The Secretary of State may by regulations make provision about reporting compliance with obligations imposed by regulations under section 70.

• (2) The regulations may require a relevant insurer to make a report—

• (a) stating the extent to which it has complied with obligations imposed on it by regulations under section 70 in relation to a prescribed period;

• (b) providing prescribed details about the basis on which it considers that it has complied with those obligations to that extent.

• (3) The regulations may provide for reports to be given to the FCA.

• (4) In this section “prescribed” means specified in or determined in accordance with regulations under this section.

Functions of the FCA

79

• (1) The Treasury may by regulations provide for the FCA to take action for monitoring and enforcing compliance with—

• (a) such of the obligations imposed on relevant insurers by regulations under section 70 or 78 as may be specified in the regulations;

• (b) such description of those obligations as may be specified in the regulations.

• (2) The regulations may provide for the FCA to take action for enforcing compliance with—

• (a) such of the obligations imposed on insurers by regulations under section 72 as may be specified in the regulations;

• (b) such description of those obligations as may be specified in the regulations.

• (3) Regulations under subsection (2) may only provide for the FCA to take action as regards cases where—

• (a) the failure to comply, if proved, would consist in or involve providing information that is not true or producing a document that is not correct, or

• (b) measures available under section 73 have been taken without securing compliance.

• (4) The regulations may apply, or make provision corresponding to, any of the provisions of the Financial Services and Markets Act 2000 or the Financial Services Act 2012, with or without modification.

• (5) The provisions of the Financial Services and Markets Act 2000 and the Financial Services Act 2012 referred to in subsection (4) include in particular—

• (a) provisions about gathering information and investigating, including provisions as to powers of entry and search;

• (b) provisions as to criminal offences and disciplinary measures;

• (c) provisions for the grant of an injunction in relation to a contravention or anticipated contravention;

• (d) provisions giving the Treasury or the FCA powers to make subordinate legislation;

• (e) provisions for the FCA to charge fees;

• (f) provisions restricting liability in damages in relation to the discharge of functions of the FCA.

• (6) The regulations may make provision enabling the FCA, to such extent as the regulations may prescribe, to make arrangements for the performance of functions on its behalf.

Reports by the FCA

80

• (1) The Treasury may by regulations provide for the FCA to prepare reports on its discharge of the functions conferred on it under section 79.

• (2) The regulations may—

• (a) make provision about the contents of the reports;

• (b) make provision about the timing of the reports;

• (c) provide for copies of the report to be given to the Secretary of State and such other persons as the regulations may specify;

• (d) provide for publication of the reports.

Intervention by the FCA or the PRA

81

• (1) The Treasury may by regulations confer on a regulator the power to disapply or modify, in relation to a relevant insurer, an obligation imposed by regulations under—

• (a) section 70 (flood insurance obligations),

• (b) section 72 (information), or

• (c) section 78 (compliance reports).

• (2) In this section “the intervention power” means the power conferred by regulations under subsection (1).

• (3) The regulations may specify which obligations, or which descriptions of obligations, a regulator may disapply or modify under the intervention power.

• (4) The regulations may specify what modifications, or what descriptions of modifications, may be made by a regulator under the intervention power.

• (5) The regulations may specify the circumstances in which, and the conditions subject to which, a regulator may exercise the intervention power.

• (6) Provision under subsection (5) may in particular provide for a regulator to exercise the intervention power in relation to a relevant insurer—

• (a) where the relevant insurer is failing, or is likely to fail, to satisfy the threshold conditions for which the regulator is responsible,

• (b) in connection with advancing—

• (i) if the regulator is the FCA, one or more of the FCA's operational objectives, or

• (ii) if the regulator is the PRA, one or more of the PRA's objectives,

• (c) in conjunction with the exercise by the regulator, in respect of the relevant insurer, of a power that is conferred on the regulator by or under an enactment and is specified in the regulations, or

• (d) at the request of, or for the purpose of assisting, an overseas regulator of a kind specified in the regulations.

• (7) The regulations may—

• (a) make provision about the procedure to be followed when exercising the intervention power, including provision about consulting such persons as may be specified in the regulations about a proposed exercise of the power;

• (b) make provision requiring a regulator to give a relevant insurer notice in writing specifying how the intervention power has been exercised in relation to that relevant insurer;

• (c) make provision about when an exercise of the intervention power takes effect;

• (d) make provision about the period for which a provision of regulations may be disapplied or modified under the intervention power, including—

• (i) provision enabling a regulator to specify the period for which a provision of regulations is disapplied or modified;

• (ii) provision for disapplying or modifying a provision of regulations until a regulator provides for it to apply again or to apply again without modification;

• (e) make provision requiring a regulator—

• (i) to send copies of a notice under paragraph (b) to the Secretary of State and such other persons as may be specified in the regulations;

• (ii) to notify such persons as may be specified in the regulations of the exercise of the intervention power;

• (f) make provision requiring a regulator to publish such details about the exercise of the intervention power as may be specified in the regulations;

• (g) make provision requiring a regulator to keep under review each case in which a provision of regulations is disapplied or modified;

• (h) make provision about the matters to which a regulator is to have regard in exercising its functions under the regulations.

• (8) Provision under subsection (7)(e) or (f) may allow for the omission of information publication of which would in the opinion of the regulator be against the public interest.

• (9) The intervention power may be exercised in respect of an obligation imposed by regulations under section 70(1) only so as to disapply the obligation (and not so as to modify it).

• (10) The regulations may apply, or make provision corresponding to, any of the provisions of the Financial Services and Markets Act 2000 or the Financial Services Act 2012, with or without modification.

• (11) The provisions of the Financial Services and Markets Act 2000 or the Financial Services Act 2012 referred to in subsection (10) include in particular—

• (a) provisions about gathering information and investigating, including provisions as to powers of entry and search;

• (b) provisions as to criminal offences and disciplinary measures;

• (c) provisions for the grant of an injunction in relation to a contravention or anticipated contravention;

• (d) provisions giving the Treasury, the FCA or the PRA powers to make subordinate legislation;

• (e) provisions for the FCA or the PRA to charge fees;

• (f) provisions restricting liability in damages in relation to the discharge of functions of the FCA or the PRA.

• (12) In this section “regulator” means the FCA or the PRA.

• (13) For—

• “objective of the PRA”, see section 2F of the Financial Services and Markets Act 2000;

• “operational objective of the FCA”, see section 1B(3) of that Act;

• “overseas regulator”, see section 55Q of that Act;

• “threshold condition”, see section 55B of that Act.

General

Interpretation

82

• (1) In this Part “insurer” means—

• (a) a person who—

• (i) is authorised for the purposes of the Financial Services and Markets Act 2000 (see section 31 of that Act), and

• (ii) has permission to carry on the activities specified in Article 10 of the Financial Services and Markets (Regulated Activities) Order 2001 (S.I. 2001/544), or

• (b) a member of the Society (within the meaning of the Lloyd's Act 1982).

• (2) The Secretary of State may by regulations amend the definition of “insurer” in subsection (1).

• (3) The Secretary of State may by regulations define “relevant insurer” for the purposes of this Part.

• (4) Before making regulations under subsection (3) as to the meaning of “relevant insurer”, the Secretary of State must consult such persons as the Secretary of State thinks appropriate.

• (5) The Secretary of State may by regulations define for the purposes of sections 64 to 69—

• “flood”;

• “flood risk”;

• “household premises”.

• (6) The Secretary of State may by regulations define for the purposes of sections 70 to 81—

• “flood”;

• “flood risk”;

• “greater flood risk”;

• “household premises”;

• “insurance policy”;

• “issue”, in relation to an insurance policy;

• “the qualifying interest”, in relation to household premises.

• (7) Regulations under subsection (5) or (6) as to the meaning of “flood” may specify descriptions of water that are, or are not, to be taken into account.

• (8) In sections 70 to 81—

• “the FCA” means the Financial Conduct Authority;

• “the PRA” means the Prudential Regulation Authority;

• “registered premises” means premises registered in the register maintained under section 74;

• “risk band” has the meaning given by section 74(2).

Period of operation

83

• (1) Sections 64 to 81 are repealed at the end of the period of 25 years beginning with the day on which this Act is passed.

• (2) The Secretary of State may by order amend subsection (1) so as to bring forward the day on which—

• (a) sections 64 to 69 are repealed;

• (b) sections 70 to 78 are repealed.

• (3) The Secretary of State may by order make provision in connection with—

• (a) the repeal of—

• (i) sections 64 to 69, or

• (ii) sections 70 to 78, or

• (b) the revocation of a scheme's designation under section 64(1)(b) without a new designation being made under that provision, at any time before sections 64 to 69 are repealed,

including provision amending or repealing an enactment.

• (4) Provision made in an order by virtue of subsection (3) may, in particular, include—

• (a) such provision for the transfer of property, rights and liabilities (whether or not otherwise capable of being transferred, and including pension liabilities in respect of staff) relating to the FR Scheme as the Secretary of State thinks fit;

• (b) provision about legal proceedings relating to anything done in connection with the FR Scheme;

• (c) provision about the accounts of the FR Scheme;

• (d) provision about information held by the FR Scheme administrator.

• (5) Before making an order under subsection (3)(a)(i) or (b) which includes provision for the transfer of an amount of the reserves of the FR Scheme, the Secretary of State must consult the FR Scheme administrator about the amount to be transferred.

• (6) The Secretary of State may by regulations define “reserves” for the purposes of subsection (5).

• (7) The Treasury may by order amend subsection (1) so as to bring forward the day on which sections 79 to 81 are repealed.

• (8) The Treasury may by order make provision in consequence of the repeal of sections 79 to 81, including provision amending or repealing an enactment.

Regulations and orders

84

• (1) A power to make regulations or an order under this Part is exercisable by statutory instrument.

• (2) Subsection (1) does not apply in relation to an order under section 83(3) if the only provision made by the order is provision for, or in connection with, the transfer of property, rights and liabilities.

• (3) A power to make regulations or an order under this Part includes power to make different provision for different purposes and different areas.

• (4) A power to make regulations or an order under this Part includes power to make incidental, supplementary, consequential, transitional or transitory provision or savings.

• (5) Subject to subsection (6), a statutory instrument containing regulations or an order made under this Part is subject to annulment in pursuance of a resolution of either House of Parliament.

• (6) A statutory instrument containing—

• (a) regulations under section 64 (the Flood Reinsurance Scheme),

• (b) regulations under section 65 (scheme administrator),

• (c) regulations under section 66 (scheme funding),

• (d) regulations under section 67 (scheme administration),

• (e) regulations under section 69 (disclosure of HMRC council tax information),

• (f) regulations under section 70 (flood insurance obligations),

• (g) the first regulations to be made under section 71 (target number),

• (h) regulations under section 72 or 73 (information),

• (i) the first regulations to be made under section 74 (register of premises subject to greater flood risk),

• (j) regulations under section 77 (expenses of relevant bodies),

• (k) regulations under section 78 (compliance reports),

• (l) regulations under section 79 (functions of FCA),

• (m) regulations under section 81 (intervention by FCA or PRA),

• (n) regulations under section 82 (interpretation), or

• (o) an order under section 83 (period of operation),

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

• (7) If a draft of an instrument containing an order under section 83(3) would, apart from this subsection, be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.

Part 5 — Miscellaneous

Internal drainage boards: procedure for orders confirming reorganisation

85

• (1) Schedule 3 to the Land Drainage Act 1991 (procedure for certain orders) is amended as follows.

• (2) In paragraph 4 (publication of order after it is made and availability of special parliamentary procedure), after sub-paragraph (1) there is inserted—

(1A) But this paragraph does not apply to an order confirming a scheme under section 3 of this Act.

• (3) In paragraph 5 (orders subject to special parliamentary procedure)—

• (a) in sub-paragraph (1), for “this Schedule” there is substituted “ paragraph 4 ”;

• (b) after sub-paragraph (3) there is inserted—

(3A) But sub-paragraph (3) does not apply to an order confirming a scheme under section 3 of this Act.

Internal drainage boards in England: alternative procedure for byelaws

86

• (1) The Land Drainage Act 1991 is amended as follows.

• (2) In section 65 (land drainage regulations), at the beginning of subsection (2) there is inserted “Subject to section 66A(4),”.

• (3) In section 66 (powers of internal drainage boards and local authorities to make byelaws), after subsection (5) (procedure) there is inserted—

(5A) Subsection (5) is subject to section 66A(1).

• (4) After section 66 there is inserted—

(66A) (1) The Secretary of State may by regulations — (a) provide that section 66(5) and Schedule 5 do not apply to byelaws made under section 66 by internal drainage boards for internal drainage districts which are neither wholly nor partly in Wales, and (b) make provision about the procedure for the making and coming into force of such byelaws. (2) The regulations may, in particular, include provision about— (a) consultation to be undertaken before a byelaw is made; (b) publicising a byelaw after it is made. (3) The regulations may make such incidental, consequential, transitional or supplemental provision (including provision amending or repealing any provision of this Act) as the Secretary of State considers appropriate. (4) Regulations may not be made under subsection (1) unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.

Publication requirements under the Land Drainage Act 1991

87

Schedule 9 (amendments of the Land Drainage Act 1991 to remove certain restrictions on the way in which documents have to be published) has effect.

Sustainable drainage systems: non-performance bonds

88

In Schedule 3 to the Flood and Water Management Act 2010 (sustainable drainage), in paragraph 12 (non-performance bonds), in sub-paragraph (4)(c)—

• (a) after “sums received” there is inserted “ from a person ”;

• (b) for “the developer” there is substituted “ that person ”.

Amendments relating to Regional Flood and Coastal Committees

89

Schedule 10 (amendments relating to Regional Flood and Coastal Committees) has effect.

Part 6 — General and final

Power to make consequential provision

90

• (1) The Secretary of State may by order made by statutory instrument make such provision as the Secretary of State considers appropriate in consequence of this Act.

• (2) The power conferred by subsection (1) includes power—

• (a) to make transitional, transitory or saving provision;

• (b) to amend, repeal, revoke or otherwise modify any provision made by or under an enactment (whenever passed or made).

• (3) A statutory instrument containing (whether alone or with other provision) an order under this section which amends or repeals any provision of an Act of Parliament, or of an Act or Measure of the National Assembly for Wales, is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

• (4) A statutory instrument containing any other order under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

Transitional, transitory or saving provision

91

• (1) The Secretary of State may by order made by statutory instrument make such transitional, transitory or saving provision as the Secretary of State considers appropriate in connection with the coming into force of any provision of this Act.

• (2) Subsection (1) does not apply if or to the extent that subsection (3) or (4) applies.

• (3) If a provision of this Act is brought into force to any extent by the Welsh Ministers acting alone under section 94(3), the Welsh Ministers may by order made by statutory instrument make such transitional, transitory or saving provision as the Welsh Ministers consider appropriate in connection with the coming into force of so much of that provision as is so brought into force.

• (4) If a provision of this Act is brought into force to any extent by the Secretary of State and the Welsh Ministers acting jointly under section 94(3), the Secretary of State and the Welsh Ministers may, acting jointly, by order made by statutory instrument make such transitional, transitory or saving provision as they, together, consider appropriate in connection with the coming into force of so much of that provision as is so brought into force.

• (5) Schedule 11 (further provision about orders under this section) has effect.

Financial provisions

92

There shall be paid out of money provided by Parliament—

• (a) expenditure incurred under or by virtue of this Act by the Secretary of State;

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

Extent

93

• (1) This Act extends to England and Wales only, subject as follows.

• (2) Sections 61 and 62 and Schedule 8 extend also to Scotland, but only so far as required for the purposes of regulations applying as mentioned in section 61(11)(b).

• (3) Part 4 and this Part extend to England and Wales, Scotland and Northern Ireland.

• (4) An amendment or repeal made by this Act has the same extent as the enactment to which it relates.

Commencement

94

• (1) The following provisions of this Act come into force on the day on which it is passed—

• (a) section 69, so far as relating to the power to disclose information under section 69(1)(a);

• (b) section 90;

• (c) section 91 and Schedule 11;

• (d) sections 92 and 93;

• (e) this section and Schedule 12;

• (f) section 95.

• (2) The following provisions of this Act come into force at the end of the period of two months beginning with the day on which it is passed—

• (a) section 3;

• (b) section 13;

• (c) section 15;

• (d) section 21;

• (e) section 22, so far as relating to water or sewerage undertakers whose areas are wholly or mainly in England;

• (f) section 25(3);

• (g) sections 26 to 28;

• (h) section 33;

• (i) section 34(1) and (2);

• (j) sections 35 and 36;

• (k) section 57;

• (l) section 58;

• (m) section 60;

• (n) sections 61 and 62 and Schedule 8;

• (o) section 63;

• (p) sections 85 to 87;

• (q) section 88;

• (r) section 89 and Schedule 10;

• (s) paragraph 8 of Schedule 7 (and section 56 so far as relating to paragraph 8);

• (t) paragraph 107 of Schedule 7 (and section 56 so far as relating to paragraph 107).

• (3) The remaining provisions of this Act come into force on such day as the appropriate authority may by order appoint.

• (4) The power of the Secretary of State or the Welsh Ministers to make an order under subsection (3) is to be exercisable by statutory instrument.

• (5) Different days may be appointed for different purposes.

• (6) Except as stated in the table in Schedule 12, the appropriate authority for the purposes of subsection (3) is the Secretary of State.

Short title

95

This Act may be cited as the Water Act 2014.

SCHEDULE 1

SCHEDULE 2

1

For sections 66A to 66C of the Water Industry Act 1991, and the Chapter heading and italic heading preceding section 66A, there is substituted—

Supply duties etc: water supply licensees (66A) (1) This section applies where a water supply licensee with a retail authorisation (“L”) requests a water undertaker to permit the use of the undertaker's supply system for the purpose of supplying water to premises that— (a) L is to supply in accordance with L's retail authorisation, and (b) are in the area of the undertaker. (2) This section also applies where a water supply licensee with a restricted retail authorisation (“R”) requests a water undertaker to permit the use of the undertaker's supply system for the purpose of supplying water to premises that— (a) R is to supply in accordance with R's restricted retail authorisation, and (b) are in the area of the undertaker. (3) Where this section applies, the undertaker must in accordance with a section 66D agreement take such steps— (a) for the purpose of connecting the premises in question with the undertaker's supply system, or (b) in respect of that system, as may be provided for in that agreement in order to enable the requested use of the undertaker's supply system. (4) A water undertaker is not required by this section to permit the use of its supply system, or to take any steps to enable its use, if the first or second ground applies. (5) The first ground is that— (a) in the case of a request under subsection (1), the water supply licensee has not secured by means of— (i) a request under section 66AA(1) made by the licensee, (ii) a request under section 66B(1) or 66C(1), (2) or (3) made by the licensee or another water supply licensee, or (iii) a combination of such requests, a supply of water, or the introduction of a supply of water, in connection with which the premises in question are to be supplied; (b) in the case of a request under subsection (2), the water supply licensee has not secured by means of— (i) a request under section 66AA(2), 66B(2) or (3) or 66C(4), or (ii) a combination of such requests, a supply of water, or the introduction of a supply of water, in connection with which the premises in question are to be supplied. (6) The second ground is that there is, in relation to the water fittings used or to be used in connection with— (a) the supply of water to the premises in question, or (b) the use of water in those premises, a contravention of such of the requirements of regulations under section 74 as are prescribed for the purposes of this subsection. (7) Where— (a) a request has been made by a water supply licensee for the purposes of subsection (1) or (2), and (b) the steps which the undertaker is required to take by virtue of that request include steps for the purpose of obtaining any necessary authority for, or agreement to, any exercise by it of any of its powers or the carrying out by it of any works, the failure of the undertaker to acquire the necessary authority or agreement does not affect the liability of the licensee to reimburse the undertaker in respect of some or all of the expenses incurred by it in taking those steps, if the section 66D agreement provides for such liability as regards those steps. (8) For the purposes of this section and sections 66AA to 66C— (a) premises which are outside a water undertaker's area are to be treated as being within that area if they are supplied with water using the undertaker's supply system, and (b) any pipes of the water undertaker which are used for the purpose of supplying premises as mentioned in paragraph (a) are to be treated as being part of the undertaker's supply system (if they would not otherwise be part of it). (9) In this section and sections 66AA to 66C— (a) “prescribed” means, in relation to a water undertaker whose area is wholly or mainly in Wales, prescribed by regulations made by the Welsh Ministers by statutory instrument, which is subject to annulment in pursuance of a resolution of the Assembly; (b) a reference to the supply system of a water undertaker is to be construed in accordance with section 17B; (c) references to a retail authorisation or a restricted retail authorisation are to be construed in accordance with Schedule 2A. (66AA) (1) This section applies where a water supply licensee with a retail authorisation (“L”) requests a water undertaker to provide L with a supply of water for the purpose of supplying water to premises that— (a) L is to supply in accordance with L's retail authorisation, and (b) are in the area of the undertaker. (2) This section also applies where a water supply licensee with a restricted retail authorisation (“R”) requests a water undertaker to provide R with a supply of water for the purpose of supplying water to premises that— (a) R is to supply in accordance with R's restricted retail authorisation, and (b) are in the area of the undertaker. (3) Where this section applies, the undertaker must in accordance with a section 66D agreement— (a) take such steps in respect of the undertaker's supply system as may be provided for in that agreement in order to enable the use of the undertaker's supply system for the purpose in subsection (1) or, as the case may be, subsection (2), and (b) having taken such steps, provide the requested supply of water. (4) A water undertaker is not required by this section to provide a supply of water if both of the first and second grounds apply. (5) The first ground is that— (a) the premises to be supplied by L or, as the case may be, R do not consist in the whole or any part of a building, or (b) the supply to be made by L or, as the case may be, R to those premises is for purposes other than domestic purposes. (6) The second ground is that provision of a supply of water by the water undertaker would— (a) require the undertaker, in order to meet all its existing obligations to supply water for domestic or other purposes, together with its probable future obligations to supply buildings and parts of buildings with water for domestic purposes, to incur unreasonable expenditure in carrying out works, or (b) otherwise put at risk its ability to meet any of the existing or probable future obligations mentioned in paragraph (a). (7) Where— (a) a request has been made by a water supply licensee for the purposes of subsection (1) or (2), and (b) the steps which the undertaker is required to take by virtue of that request include steps for the purpose of obtaining any necessary authority for, or agreement to, any exercise by it of any of its powers or the carrying out by it of any works, the failure of the undertaker to acquire the necessary authority or agreement does not affect the liability of the licensee to reimburse the undertaker in respect of some or all of the expenses incurred by it in taking those steps, if the section 66D agreement provides for such liability as regards those steps. (66B) (1) This section applies where— (a) a water supply licensee with a wholesale authorisation (“L”) requests a water undertaker to permit L to introduce water into the undertaker's supply system, with a view to the use of that system, in connection with that introduction of water, to supply water to particular premises in accordance with a retail authorisation (whether L's or another's), and (b) the premises in issue are in the area of the undertaker. (2) This section also applies where— (a) a water supply licensee with a supplementary authorisation (“R1”) requests a water undertaker to permit R1 to introduce water into the undertaker's supply system, with a view to the use of that system, in connection with that introduction of water, to supply water to particular premises in accordance with R1's restricted retail authorisation, and (b) the premises in issue are in the area of the undertaker. (3) This section also applies where— (a) a water undertaker agrees to permit a water supply licensee with a supplementary authorisation (“R2”) to introduce water into the undertaker's treatment works, (b) in connection with that introduction, R2 requests the undertaker to permit R2 to introduce water into the undertaker's supply system, with a view to the use of that system to supply water to particular premises in accordance with R2's restricted retail authorisation, and (c) the premises in issue are in the area of the undertaker. (4) Where this section applies, the undertaker must in accordance with a section 66D agreement— (a) in a case falling within subsection (1), take such steps— (i) for the purpose of connecting L's source of water with the undertaker's supply system, or (ii) in respect of the undertaker's supply system, as may be provided for in that agreement in order to enable L to make the requested introduction of water into the supply system; (b) in a case falling within subsection (2), take such steps— (i) for the purpose of connecting R1's treatment works with the undertaker's supply system, (ii) for the purpose of connecting with the undertaker's supply system any source used by R1 for the purpose of supplying water other than for domestic or food purposes, or (iii) in respect of the undertaker's supply system, as may be provided for in that agreement in order to enable R1 to make the requested introduction of water into the supply system; (c) in a case falling within subsection (3), take such steps in respect of the undertaker's supply system as may be provided for in that agreement in order to enable R2 to make the requested introduction of water into the supply system; (d) having taken steps under paragraph (a), (b) or (c) (as the case may be), permit the requested introduction of water into that supply system. (5) A water undertaker is not required by this section to permit the introduction of water into its supply system, or to take any steps to enable such an introduction of water, if permitting the introduction of water into the undertaker's supply system would— (a) require the undertaker, in order to meet all its existing obligations to supply water for domestic or other purposes, together with its probable future obligations to supply buildings and parts of buildings with water for domestic purposes, to incur unreasonable expenditure in carrying out works, or (b) otherwise put at risk its ability to meet any of the existing or probable future obligations mentioned in paragraph (a). (6) Where— (a) a request has been made by a water supply licensee for the purposes of subsection (1), (2) or (3), and (b) the steps which the undertaker is required to take by virtue of that request include steps for the purpose of obtaining any necessary authority for, or agreement to, any exercise by it of any of its powers or the carrying out by it of any works, the failure of the undertaker to acquire the necessary authority or agreement does not affect the liability of the licensee to reimburse the undertaker in respect of some or all of the expenses incurred by it in taking those steps, if the section 66D agreement provides for such liability as regards those steps. (7) In this section “treatment works” means— (a) in relation to a water undertaker whose area is wholly or mainly in Wales, the works designated as treatment works by the Secretary of State for the purposes of section 17B(6); (b) in relation to a water supply licensee, the works designated from time to time by the Welsh Ministers as treatment works for the purposes of this paragraph. (8) A list of any works designated for the purposes of subsection (7)(b) must be published from time to time by the Welsh Ministers in such manner as the Welsh Ministers consider appropriate for the purpose of bringing the designations to the attention of persons likely to be affected by them. (9) A pipe laid because of subsection (4)(a)(i) or (b)(i) or (ii) is to be regarded as a water main for the purposes of this Act, subject to any provision to the contrary. (10) In this section and section 66C— (a) a reference to a wholesale authorisation is to be construed in accordance with Schedule 2A; (b) a reference to a supplementary authorisation is to be construed in accordance with Schedule 2A. (66C) (1) This section applies where a water supply licensee with a wholesale authorisation (“L1”)— (a) requests a water undertaker other than L1's primary water undertaker (the “secondary water undertaker”) to provide a supply of water so that water may be supplied to particular premises, using the primary water undertaker's supply system and in accordance with a retail authorisation (whether L1's or another's), and (b) requests L1's primary water undertaker to permit L1 to introduce that water into the primary water undertaker's supply system, and the premises in issue are in the area of the primary water undertaker. A request under paragraph (a) may only be made to a water undertaker whose area is wholly or mainly in England. (2) This section also applies where a water supply licensee with a wholesale authorisation (“L2”)— (a) requests a water undertaker whose area is wholly or mainly in Wales and which is not L2's primary water undertaker (the “secondary water undertaker”) to provide a supply of water so that L2 may supply water to particular premises, using the primary water undertaker's supply system and in accordance with L2's retail authorisation so far as that authorisation relates to L2's customers, and (b) requests L2's primary water undertaker to permit L2 to introduce that water into the primary water undertaker's supply system, and the premises in issue are in the area of the primary water undertaker. (3) This section also applies where a water supply licensee with a wholesale authorisation (“L3”)— (a) agrees with a water undertaker whose area is wholly or mainly in Wales and which is not L3's primary undertaker (the “secondary water undertaker”) for the secondary water undertaker to provide a supply of water so that water may be supplied to particular premises, using the primary water undertaker's supply system and in accordance with— (i) L3's retail authorisation except so far as that authorisation relates to L3's customers, or (ii) a retail authorisation other than L3's, and (b) requests L3's primary water undertaker to permit L3 to introduce that water into the primary water undertaker's supply system, and the premises in issue are in the area of the primary water undertaker. (4) This section also applies where a water supply licensee with a supplementary authorisation (“R”)— (a) requests a water undertaker other than R's primary water undertaker (the “secondary water undertaker”) to provide a supply of water so that R may supply water to particular premises, using the primary water undertaker's supply system and in accordance with R's restricted retail authorisation, and (b) requests R's primary water undertaker to permit R to introduce that water into the primary water undertaker's supply system, and the premises in issue are in the area of the primary water undertaker. A request under paragraph (a) may be made to a water undertaker whose area is wholly or mainly in England or Wales. (5) Where this section applies by virtue of subsection (1), (2) or (4), the secondary water undertaker must in accordance with a section 66D agreement— (a) take such steps in respect of its supply system as may be provided for in that agreement in order to enable it to provide the requested supply, and (b) having taken such steps, provide that supply. (6) Where this section applies, the primary water undertaker must in accordance with a section 66D agreement— (a) take such steps— (i) for the purpose of connecting the secondary water undertaker's supply system with the primary water undertaker's supply system, or (ii) in respect of its supply system, as may be provided for in that agreement in order to enable L1, L2, L3 or R to make the requested introduction of water into the primary undertaker's supply system, and (b) having taken such steps, permit the requested introduction. (7) A secondary water undertaker is not required by this section to provide a supply of water to L1, L2 or R if providing the supply of water would— (a) require the secondary undertaker, in order to meet all its existing obligations to supply water for domestic or other purposes, together with its probable future obligations to supply buildings and parts of buildings with water for domestic purposes, to incur unreasonable expenditure in carrying out works, or (b) otherwise put at risk its ability to meet any of the existing or probable future obligations mentioned in paragraph (a). (8) A primary water undertaker is not required by this section to permit the introduction of water into its supply system, or to take any steps to enable such an introduction of water, if permitting the introduction of a supply of water would— (a) require the primary undertaker, in order to meet all its existing obligations to supply water for domestic or other purposes, together with its probable future obligations to supply buildings and parts of buildings with water for domestic purposes, to incur unreasonable expenditure in carrying out works, or (b) otherwise put at risk its ability to meet any of the existing or probable future obligations mentioned in paragraph (a). (9) Where— (a) a request has been made by a water supply licensee to a water undertaker for the purposes of subsection (1), (2), (3) or (4), and (b) the steps which the undertaker is required to take by virtue of that request include steps for the purpose of obtaining any necessary authority for, or agreement to, any exercise by it of any of its powers or the carrying out by it of any works, the failure of the undertaker to acquire the necessary authority or agreement does not affect the liability of the licensee to reimburse the undertaker in respect of some or all of the expenses incurred by it in taking those steps, if the section 66D agreement provides for such liability as regards those steps. (10) A pipe laid because of subsection (6)(a)(i) is to be regarded as a water main for the purposes of this Act, subject to any provision to the contrary. (11) For the purposes of this section, a water undertaker is the primary water undertaker of a water supply licensee if the undertaker's supply system is to be used for the purpose of making the supply to the premises mentioned in subsection (1), (2), (3) or (4).

2

After section 66C (substituted by paragraph 1) there is inserted—

(66CA) (1) The Authority may determine, in a case referred to it by a water supply licensee, whether any condition specified in the following provisions is satisfied— (a) section 66A(5) and (6); (b) section 66AA(5) and (6); (c) section 66B(5); (d) section 66C(7) and (8). (2) Before the Authority determines whether a condition specified in section 66B(5) is satisfied, it must consult the Secretary of State. (3) If a determination as to a condition specified in section 66B(5) relates to the introduction of water into the supply system of a water undertaker whose area is wholly or mainly in Wales, the Authority must consult the Welsh Ministers, not the Secretary of State. (4) Before the Authority determines whether a condition specified in section 66C(7) or (8) is satisfied, it must consult the Secretary of State and the appropriate agency. (5) If the case in which a determination as to a condition specified in section 66C(7) or (8) is made relates to— (a) the supply of water by a water undertaker whose area is wholly or mainly in Wales, and (b) the introduction of water into the supply system of a water undertaker whose area is wholly or mainly in Wales, the Authority must consult the Welsh Ministers, not the Secretary of State. (6) If the case in which a determination as to a condition specified in section 66C(7) or (8) is made relates to the supply of water by one water undertaker, and the introduction of water into the supply system of another water undertaker, and only one of those undertakers has an area wholly or mainly in Wales, the Authority must consult the Welsh Ministers as well as the Secretary of State. (7) In subsection (4), “the appropriate agency”, in relation to a determination as to a condition specified in section 66C(7) or (8) relating to the supply of water by one water undertaker, and the introduction of water into the supply system of another water undertaker means— (a) the Environment Agency, in a case where the areas of both undertakers are wholly in England; (b) the NRBW, in a case where the areas of both undertakers are wholly in Wales; (c) both the Environment Agency and the NRBW, in any other case.

3

For section 66D of the Water Industry Act 1991 (determinations and agreements) there is substituted—

(66D) (1) On the application of— (a) a water supply licensee that has made a request under sections 66A to 66C, or (b) a water undertaker to which such a request has been made, the Authority may by order require a water undertaker to perform the duty in question under sections 66A to 66C, for such period and on such terms and conditions as may be specified in the order. (2) The Authority may make an order under subsection (1) only if— (a) in the case of an application relating to a duty under section 66A, 66AA, 66B or 66C, it appears to the Authority that the water undertaker is required to perform that duty under that section, or (b) in the case of an application relating to duties under section 66C, it appears to the Authority that both water undertakers in question are required to perform duties under that section, and it is satisfied that the parties cannot reach agreement within a reasonable time. (3) An order under subsection (1) has effect as an agreement between— (a) the water supply licensee, and (b) the water undertaker required to perform the duty in question. (4) On the application of a party to a section 66D agreement, and if the Authority is satisfied that the parties cannot reach agreement on the variation or termination of the agreement within a reasonable time, the Authority may by order vary or terminate the agreement. (5) If an order under subsection (4) is made in relation to a section 66D agreement, the agreement— (a) has effect subject to the provision made by the order, or (b) ceases to have effect, as the case may be. (6) An order under subsection (4) may require one party to the agreement to pay compensation to the other. (7) Neither the CMA nor the Authority may exercise, in respect of an agreement for the performance of a duty under sections 66A to 66C by a water undertaker, the powers conferred by— (a) section 32 of the Competition Act 1998 (directions in relation to agreements); (b) section 35(2) of that Act (interim directions). (8) Subsection (7)(b) does not apply to the exercise of powers in respect of conduct— (a) which is connected with an agreement for the performance of a duty under sections 66A to 66C by a water undertaker, and (b) in respect of which section 35(1) of the Competition Act 1998 applies because of an investigation under section 25 of that Act relating to a suspected infringement of the Chapter 2 prohibition imposed by section 18(1) of that Act. (9) In this Chapter a reference to a section 66D agreement is a reference to— (a) an agreement for the performance of a duty under sections 66A to 66C by a water undertaker, or (b) an order deemed to be such an agreement under subsection (3), or (c) an agreement varied by order under subsection (4).

4

After section 66D of the Water Industry Act 1991 (as substituted by paragraph 3) there is inserted—