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The Natural Resources Body for Wales (Functions) Order 2013

Type Welsh-Statutory-Instrument

Publication 2013-03-25

Last updated 2026-09-14

State In force

Jurisdiction Wales

Department Statute Law Database

Source legislation.gov.uk

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The Natural Resources Body for Wales (Establishment) Order 2012 (“the Establishment Order”) established a new statutory body, the Natural Resources Body for Wales (“the Body”) and provided for its purpose, membership, procedure, financial governance and initial functions. This Order makes further provision about the Body, including provision about the modification and transfer of environmental functions to the Body.

Reform history JSON API

(1) Section 31(1) is amended as follows.

(2) In the opening words, for the words from “water bailiff” to “and” substitute “ water bailiff appointed by the appropriate agency and ”.

(3) In paragraph (c), in the opening words, for the words from “fishing” to “area” substitute “ fishing in the appropriate agency's area ”.

144

(1) Section 32 is amended as follows.

(2) In subsection (1)—

(a) in the opening words, for “subsection” substitute “ subsections (1A) and ”;

(b) in paragraph (a), for the words after “officer of” substitute “ the appropriate agency, under a special order in writing from that agency, and ”.

(3) After subsection (1) insert—

(1A) The appropriate agency may make an order under subsection (1)(a) for the purpose of preventing any offence being committed in its area.

145

In section 33(1) and (2), for the words from “officer” to “any person” substitute “ officer of the appropriate agency, or any person ”.

146

In section 35, for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

147

(1) Section 37A is amended as follows.

(2) For “Agency”, in each place where it occurs except in subsection (5), substitute “ appropriate agency ”.

(3) After subsection (5) insert—

(5A) The amount by which the sums received by the Natural Resources Body for Wales by way of fixed penalties exceed the sums repaid by it under subsection (4)(a) above shall be paid into the Welsh Consolidated Fund.

148

In section 40, for the words from “agreement” to “maintain” substitute “ agreement of the appropriate agency) to maintain ”.

149

(1) Section 41 is amended as follows.

(2) In subsection (1)—

(a) in the appropriate places insert the following definitions—

“the appropriate agency” means—

the Agency, except in relation to Wales (within the meaning of the Government of Wales Act 2006); and

the Natural Resources Body for Wales, in relation to Wales (within that meaning);

“area”, in relation to the appropriate agency, means the area in relation to which it carries out its functions relating to fisheries by virtue of— (a) section 6(7) of the Environment Act 1995, in the case of the Agency; (b) section 6(7A) of that Act, in the case of the Natural Resources Body for Wales;

(b) in the definition of “authorised officer”, in paragraph (a), for the words after “officer of” substitute “ the appropriate agency; ”.

(3) In subsection (3), for the words from “authorising” to “any other” substitute “ authorising the appropriate agency or any other ”.

150

(1) Schedule 2 is amended as follows.

(2) In paragraph 1—

(a) in sub-paragraph (1), for the words after “Schedule by” substitute “ the appropriate agency ”;

(b) in sub-paragraph (2), for the words before “may” substitute “ The appropriate agency ”.

(3) In paragraph 3—

(a) for the words before “shall at least” substitute “ The appropriate agency ”;

(b) for “their”, in each place where it occurs, substitute “ its ”.

(4) In paragraph 4, for the words from “person” to “shall” substitute “ person, the appropriate agency shall ”.

(5) In paragraph 5—

(a) for the words from “submitted” to “for” substitute “ submitted by the appropriate agency for ”;

(b) for the words from “and” to “directed” substitute “ and the appropriate agency, if so directed ”.

(6) In paragraph 7, for the words before “may grant” substitute “ The appropriate agency ”.

(7) In paragraph 8, for the words from “agreed” to “and” substitute “ agreed by the appropriate agency and ”.

(8) In paragraph 9—

(a) in sub-paragraphs (1)(c) and (2)(c), for the words from “consent” to “to” substitute “ consent of the appropriate agency to ”;

(b) in sub-paragraph (3)—

(i) in the opening words, for the words before “shall” substitute “ The consent of the appropriate agency ”;

(ii) in paragraphs (a) and (b), for the words from “appears” to “to be” substitute “ appears to the appropriate agency to be ”.

(9) In paragraph 10—

(a) for the words from “employee” to “authorised” substitute “ employee of the appropriate agency authorised ”;

(b) for the words after “notified to” substitute “ the appropriate agency ”.

(10) In paragraph 11, for the words after “sent to” substitute “ the appropriate agency ”.

(11) In paragraph 13—

(a) for the words from “opinion” to “required” substitute “ opinion of the appropriate agency are required ”;

(b) for the words from “notifies” to “at the time” substitute “ notifies the appropriate agency at the time ”.

(12) In paragraph 14A(1) and (4), for “Agency” substitute “ appropriate agency ”.

(13) In paragraph 15, for the words from “granted” to “every” substitute “ granted by the appropriate agency to every ”.

(14) In paragraph 18, for the words from “issued” to “as to” substitute “ issued by the appropriate agency as to ”.

151

In Part 3 of Schedule 3, in the opening words of paragraph 39(1), for the words after “Water Resources Act 1991,” substitute “ the appropriate agency— ”.

152

(1) Part 2 of Schedule 4 is amended as follows.

(2) In paragraph 6(b), for the words after “references to” substitute “ the appropriate agency; and ”.

(3) In paragraph 11—

(a) in sub-paragraph (a), for the words from “order” to “prosecuted” substitute “ order to the appropriate agency, unless that agency prosecuted ”;

(b) in sub-paragraph (b), for the words from “forward” to “who” substitute “ forward it to the appropriate agency, who ”.

(4) In paragraph 12, for the words after “conviction to” substitute “ the appropriate agency ”.

Local Government (Miscellaneous Provisions) Act 1976 (c. 57)

153

In section 44 of the Local Government (Miscellaneous Provisions) Act 1976, after subsection (1B) insert—

(1C) In relation to the Natural Resources Body for Wales, section 16 of this Act shall have effect— (a) as if that Body were a local authority; and (b) as if, in its application by virtue of paragraph (a), any reference to a function were a reference to the Body's relevant transferred functions (within the meaning of article 11 of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903)).

Rent (Agriculture) Act 1976 (c. 80)

154

In section 30(8) of the Rent (Agriculture) Act 1976, after “the Forestry Commissioners” insert “ in relation to land in England and the Natural Resources Body for Wales in relation to land in Wales ”.

Forestry Act 1979 (c. 21)

155

The Forestry Act 1979 is amended as follows.

156

(1) Section 1(1) is amended as follows.

(2) Omit “and Wales”.

(3) After “lessees of land” insert “ in England and Scotland ”.

157

(1) Section 2 is amended as follows.

(2) In subsection (2), for “The Forestry Commissioners” substitute “ The appropriate authority ”.

(3) In subsection (4), for “the Commissioners” substitute “ the appropriate authority ”.

(4) In subsection (5)—

(a) in paragraph (a), for “the Commissioners” substitute “ the appropriate authority ”;

(b) in paragraph (b), at the end insert “ (in the case of regulations made by the Forestry Commissioners) or of the National Assembly for Wales (in the case of regulations made by the Welsh Ministers) ”.

(5) After subsection (5) insert—

(6) In this section “the appropriate authority” means— (a) in relation to England, the Forestry Commissioners; (b) in relation to Wales, the Welsh Ministers.

Import of Live Fish (England and Wales) Act 1980 (c. 27)

158

In section 1(2) of the Import of Live Fish (England and Wales) Act 1980, for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

Local Government, Planning and Land Act 1980 (c. 65)

159

In section 185(2)(b) of the Local Government, Planning and Land Act 1980, for the words from “which” to “may” substitute “ which the Environment Agency or the Natural Resources Body for Wales may ”.

Highways Act 1980 (c. 66)

160

The Highways Act 1980 is amended as follows.

161

(1) Section 105B(8) is amended as follows.

(2) In paragraph (b)—

(a) in sub-paragraph (i), after “English Heritage” insert “ , the Environment Agency ”;

(b) in sub-paragraph (ii), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

(3) In paragraph (c)—

(a) in sub-paragraph (i), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”;

(b) in sub-paragraph (ii), at the end insert “ and ”.

(4) Omit paragraph (d) (including the “and” at the end).

162

In section 107(4), for the words from “this Act” to “or any” substitute “ this Act by the Environment Agency, the Natural Resources Body for Wales or any ”.

163

In section 119D(12) , in the definition of “the appropriate conservation body”, in paragraph (b), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

164

In section 120(2)(c), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

165

In section 254(4)(a), for the words after “internal drainage board” substitute “ , the Environment Agency or the Natural Resources Body for Wales without the consent of that body, or ”.

166

(1) Section 276 is amended as follows.

(2) For the words from “maintenance by” to “internal” substitute “ maintenance by the Environment Agency, the Natural Resources Body for Wales or an internal ”.

(3) For the words from “incurred” to “or board” substitute “ incurred by that body ”.

167

In section 329(1), in the definitions of “drainage authority” and “water undertakers”, for the words from “means” to “or” substitute “ means the Environment Agency, the Natural Resources Body for Wales or ”.

168

(1) Schedule 1 is amended as follows.

(2) In Part 1, in paragraph 3, in item (ii) of the Table, for the words before “and every” substitute “ The Environment Agency, the Natural Resources Body for Wales ”.

(3) In Part 2, in paragraph 11(b), for the words from “on” to “and” substitute “ on the Environment Agency, the Natural Resources Body for Wales and ”.

Wildlife and Countryside Act 1981 (c. 69)

169

The Wildlife and Countryside Act 1981 is amended as follows.

170

(1) Section 16 is amended as follows.

(2) Before subsection (9) insert—

(8C) In this section, in the case of a licence under any of subsections (1) to (4), so far as relating to Wales, “the appropriate authority” means the Natural Resources Body for Wales.

(3) In subsection (9), in the opening words, for “subsection (8A)” substitute “ subsections (8A) and (8C) ”.

(4) In subsection (12), after paragraph (b) insert—

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

171

(1) Section 27 is amended as follows.

(2) In subsection (1), in the definition of “authorised person”, for paragraph (d) substitute—

(d) any person authorised in writing by— (i) the Environment Agency, in relation to anything done in England; (ii) the Natural Resources Body for Wales, in relation to anything done in Wales; or (iii) a water undertaker or a sewerage undertaker,

(3) In subsection (3A), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

172

In section 27AA, for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales and as if section 28D(2)(d) were omitted ”.

173

In section 34A(b), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

174

In section 36(7), in the definition of “relevant authority”, for the words from “local authority” to “water” substitute “ local authority, the Natural Resources Body for Wales, a water ”.

175

(1) Section 37A is amended as follows.

(2) In subsection (1)(b), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

(3) In subsection (2)—

(a) in paragraph (b), at the end insert “ and ”;

(b) omit paragraph (c) (including the “and” at the end).

(4) After subsection (2) insert—

(2A) Subject to subsection (3), upon receipt of a notification under subsection (1), Natural England shall, in turn, notify the Environment Agency.

(5) In subsection (3), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

176

In sections 39(5)(e) and 41A, for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

177

Omit section 47.

178

In section 49, for “the Countryside Council for Wales”, in each place where it occurs, substitute “ the Natural Resources Body for Wales ”.

179

In sections 50(1)(a), 51(2)(a) and 70B(7)(b), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

Animal Health Act 1981 (c. 22)

180

In section 21(9) of the Animal Health Act 1981, in the definition of “appropriate conservation body”, for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

Telecommunications Act 1984 (c. 12)

181

In section 98(9) of the Telecommunications Act 1984, in the definition of “water authority”, in paragraph (a), for the words from “means” to “or” substitute “ means the Environment Agency, the Natural Resources Body for Wales or ”.

Road Traffic Regulation Act 1984 (c. 27)

182

In section 22 of the Road Traffic Regulation Act 1984, in subsections (1)(a)(iv) and (3), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

Inheritance Tax Act 1984 (c. 51)

183

In Schedule 3 to the Inheritance Tax Act 1984, for “Countryside Council for Wales” substitute “ The Natural Resources Body for Wales ”.

Housing Act 1985 (c. 68)

184

In section 573(1) of the Housing Act 1985, after “a Welsh planning board,” insert— “ the Natural Resources Body for Wales, ”.

Agriculture Act 1986 (c. 49)

185

In section 18(2)(b) of the Agriculture Act 1986, for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

Farm Land and Rural Development Act 1988 (c. 16)

186

In section 2(7) of the Farm Land and Rural Development Act 1988, after “Forestry Act 1979” insert “ or the power of the Natural Resources Body for Wales to pay grants under article 10B of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903) ”.

Local Government Finance Act 1988 (c. 41)

187

In Schedule 5 to the Local Government Finance Act 1988, in paragraph 14(2), for the words from “means” to “or” substitute “ means the Environment Agency, the Natural Resources Body for Wales or ”.

Control of Pollution (Amendment) Act 1989 (c. 14)

188

The Control of Pollution (Amendment) Act 1989 is amended as follows.

189

In section 5C(2), after paragraph (a) insert—

(aa) where received by the Natural Resources Body for Wales, must be paid to the Welsh Ministers;

190

In section 9(1), in the definition of “regulation authority”—

(a) in paragraph (a), omit “and Wales” and the “and” at the end;

(b) after paragraph (a) insert—

(aa) in relation to Wales, the Natural Resources Body for Wales; and

(c) in the closing words, for “and Wales or, as the case may be, in Scotland” substitute “ , Wales or Scotland as the case may be ”.

Water Act 1989 (c. 15)

191

The Water Act 1989 is amended as follows.

192

(1) Section 174 is amended as follows.

(2) In subsection (2)(a)—

(a) after “the Scottish Environment Protection Agency,” insert “ the Natural Resources Body for Wales, ”;

(b) for “or the Water Act 2003” substitute “ , the Water Act 2003 or the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903) ”.

(3) In subsection (4)(a), after “the Scottish Environment Protection Agency,” insert “ the Natural Resources Body for Wales ”.

193

(1) In Schedule 25, paragraph 1 is amended as follows.

(2) After sub-paragraph (1)(a) insert—

(aa) the Natural Resources Body for Wales;

(3) In sub-paragraph (3), after “The Environment Agency,” insert “ the Natural Resources Body for Wales, ”.

(4) In sub-paragraph (6), after “the Environment Agency,” insert “ the Natural Resources Body for Wales, ”.

(5) In sub-paragraph (9)(a), after “the Environment Agency” insert “ or the Natural Resources Body for Wales ”.

(6) In sub-paragraph (11), after “the Environment Agency” insert “ or the Natural Resources Body for Wales ”.

Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22)

194

In Schedule 5 to the Road Traffic (Driver Licensing and Information Systems) Act 1989, in paragraph 8, in the definition of “relevant undertaker”, in paragraph (e), for the words before “or any” substitute “ the Environment Agency, the Natural Resources Body for Wales ”.

Electricity Act 1989 (c. 29)

195

The Electricity Act 1989 is amended as follows.

196

(1) Schedule 4 is amended as follows.

(2) In paragraph 3(1)(c), after “National Rivers Authority,” insert “ the Natural Resources Body for Wales, ”.

(3) In paragraph 4(1)(b), after “the Environment Agency,” insert “ the Natural Resources Body for Wales, ”.

197

In Schedule 9, in paragraph 2(2)(b), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

Town and Country Planning Act 1990 (c. 8)

198

The Town and Country Planning Act 1990 is amended as follows.

199

(1) Section 200 is amended as follows.

(2) In subsection (1)(a), after “Forestry Commissioners” insert “ or the Natural Resources Body for Wales ”.

(3) In subsection (2)—

(a) in the opening words, after “Forestry Commissioners” insert “ or the Natural Resources Body for Wales ”;

(b) in paragraph (b)—

(i) after “made” insert “ by the Forestry Commissioners ”;

(ii) at the end insert “ or made by the Natural Resources Body for Wales under article 10B of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903) for or in connection with the use or management of land for forestry purposes ”.

(4) Accordingly, in the heading to section 200, after “Forestry Commissioners” insert “ and Natural Resources Body for Wales ”.

200

(1) Section 204 is amended as follows.

(2) For “Forestry Commissioners”, in each place where it occurs, substitute “ Natural Resources Body for Wales ”.

(3) In subsection (1)(b), for “section 1 of the Forestry Act 1979” substitute “ article 10B of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903) ”.

201

In section 252(12)(i), for the words after “including a reference to” substitute “ the Environment Agency and the Natural Resources Body for Wales, and ”.

202

In section 262(3), for the words from “sewerage undertaker” to “any universal” substitute “ sewerage undertaker, the Environment Agency, the Natural Resources Body for Wales, any universal ”.

203

In section 265(3), omit “and” at the end of paragraph (a) and after that paragraph insert—

(aa) in relation to the Natural Resources Body for Wales, means the Secretary of State or the Secretary of State for Environment, Food and Rural Affairs; and

204

(1) In Schedule 5, paragraph 4 is amended as follows.

(2) For “Forestry Commission”, in each place where it occurs, substitute “ appropriate body ”.

(3) In sub-paragraph (4), for “Commission” substitute “ appropriate body ”.

(4) After sub-paragraph (5) insert—

(6) In this paragraph “appropriate body” means— (a) in relation to England, the Forestry Commission; and (b) in relation to Wales, the Natural Resources Body for Wales.

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

205

In section 91(3)(b) of the Planning (Listed Buildings and Conservation Areas) Act 1990, for the words after “Electricity Act 1989,” substitute “ the Environment Agency, the Natural Resources Body for Wales and every water or sewerage undertaker. ”

Planning (Hazardous Substances) Act 1990 (c. 10)

206

In section 39(5) of the Planning (Hazardous Substances) Act 1990, for the words from “38(2)” to “every” substitute “ 38(2) the Environment Agency, the Natural Resources Body for Wales and every ”.

Environmental Protection Act 1990 (c. 43)

207

The 1990 Act is amended as follows.

208

(1) Section 30(1) is amended as follows.

(2) In paragraph (a), omit “and Wales” and the “and” at the end.

(3) After paragraph (a) insert—

(aa) in relation to Wales, is a reference to the Natural Resources Body for Wales; and

(4) In the closing words, after “Environment Agency” insert “ , the Natural Resources Body for Wales ”.

209

In section 33A(5), after “Environment Agency” insert “ , the Natural Resources Body for Wales ”.

210

(1) Section 33B is amended as follows.

(2) In subsection (3), after paragraph (a) insert—

(aa) the Natural Resources Body for Wales;

(3) In subsection (4)—

(a) after “Environment Agency” insert “ , the Natural Resources Body for Wales ”;

(b) after “Agency” insert “ , Body ”.

211

In section 33C(10), in the definition of “relevant enforcement authority” omit “or” at the end of paragraph (a) and after that paragraph insert—

(aa) the Natural Resources Body for Wales, where the proceedings in respect of the offence have been brought by or on behalf of that Body, or

212

In section 34A(14), in the definition of “enforcement authority” after “Environment Agency” insert “ , the Natural Resources Body for Wales ”.

213

In section 34B(11), in the definition of “enforcement authority”, omit “or” at the end of paragraph (a) and after that paragraph insert—

(aa) the Natural Resources Body for Wales, or

214

In section 36(7), for “Countryside Council for Wales” substitute “ Natural Resources Body for Wales ”.

215

In section 73A, after subsection (1) insert—

(1A) The Natural Resources Body for Wales must pay amounts received by it under section 34A above to the Welsh Ministers.

216

In section 78A(9), in the definition of “the appropriate Agency”—

(a) in paragraph (a), omit “and Wales”;

(b) after paragraph (b) insert—

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

217

(1) Section 78L(1) is amended as follows.

(2) In paragraph (a), for “, or served by the Environment Agency in relation to land in England” substitute “ or by the Environment Agency ”.

(3) In paragraph (b), for “, or served by the Environment Agency in relation to land in Wales” substitute “ or by the Natural Resources Body for Wales ”.

218

In section 78U(1), for “in England and Wales or in Scotland” substitute “ in England, Wales or Scotland ”.

Coal Mining Subsidence Act 1991 (c. 45)

219

The Coal Mining Subsidence Act 1991 is amended as follows.

220

In section 36(8), in the definition of “the appropriate drainage authority”, in paragraph (a), for the words after “internal drainage district” substitute

— (i) in relation to measures to be carried out wholly in England, the Environment Agency; (ii) in relation to measures to be carried out wholly in Wales, the Natural Resources Body for Wales; (iii) in relation to measures to be carried out partly in England and partly in Wales, either of those bodies;

221

In section 52(1), in the definition of “statutory undertakers”, in paragraph (b), for the words from “undertaker” to “electronic” substitute “ undertaker, the Environment Agency, the Natural Resources Body for Wales, any electronic ”.

Deer Act 1991 (c. 54)

222

In section 8(2) of the Deer Act 1991, for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

Water Industry Act 1991 (c. 56)

223

The Water Industry Act 1991 is amended as follows.

224

(1) Section 3(4) is amended as follows.

(2) At the end of paragraph (a), omit “or”.

(3) After paragraph (a) insert—

(aa) the functions of the NRBW; or

(4) After “Environment Agency”, in the second place where it occurs, insert “ , the NRBW, ”.

225

(1) Section 4 is amended as follows.

(2) For “the Countryside Council for Wales”, in each place where it occurs, substitute “ the NRBW ”.

(3) In subsection (1), in the closing words, for “the Council” substitute “ the NRBW ”.

226

(1) Section 5(4) is amended as follows.

(2) In paragraph (a), after “Agency” insert “ and the NRBW ”.

(3) In paragraph (b), omit “and the Countryside Council for Wales”.

227

In section 17F(7), after paragraph (d) insert—

(da) on the NRBW;

228

(1) Section 17G(4)(a) is amended as follows.

(2) At the end of sub-paragraph (iv) omit “and”.

(3) After sub-paragraph (iv) insert—

(v) the NRBW; and

229

(1) Section 37A is amended as follows.

(2) In subsection (8)—

(a) in paragraph (a), after “Agency” insert “ , if the plan (or revised plan) would affect water resources in England; ”;

(b) after paragraph (a) insert—

(aa) the NRBW, if the plan (or revised plan) would affect water resources in Wales;

(3) For subsection (9) substitute—

(9) Before giving a direction under subsection (6)(b), the Secretary of State shall consult— (a) the Environment Agency, if the revised plan would affect water resources in England, and (b) the NRBW, if the revised plan would affect water resources in Wales. (9A) Before giving a direction under subsection (6)(b), the Welsh Ministers shall consult— (a) the NRBW, if the revised plan would affect water resources in Wales, and (b) the Environment Agency, if the revised plan would affect water resources in England.

230

(1) Section 39B is amended as follows.

(2) In subsection (7)—

(a) in paragraph (a), after “Agency” insert “ , if the plan (or revised plan) would affect water resources in England; ”;

(b) after paragraph (a) insert—

(aa) the NRBW, if the plan (or revised plan) would affect water resources in Wales;

(3) For subsection (11) substitute—

(11) Before giving a direction under subsection (6)(b), the Secretary of State shall consult— (a) the Environment Agency, if the revised plan would affect water resources in England, and (b) the NRBW, if the revised plan would affect water resources in Wales. (11A) Before giving a direction under subsection (6)(b), the Welsh Ministers shall consult— (a) the NRBW, if the revised plan would affect water resources in Wales, and (b) the Environment Agency, if the revised plan would affect water resources in England.

231

In section 40, for subsection (5) substitute—

(5) The Authority shall not make an order under this section unless it has first consulted— (a) the Environment Agency, if the order applies to a supply of water that would affect water resources in England; (b) the NRBW, if the order applies to a supply of water that would affect water resources in Wales.

232

In section 40A, for subsection (3) substitute—

(3) Before making any order under this section the Authority shall consult— (a) the Environment Agency, if the order applies to a bulk supply agreement that would affect water resources in England; (b) the NRBW, if the order applies to a bulk supply agreement that would affect water resources in Wales.

233

(1) Section 66F is amended as follows.

(2) In subsection (2), for the words from “the Secretary” to “Agency” substitute “ the persons specified in subsection (2A) ”.

(3) After subsection (2) insert—

(2A) The persons specified for the purposes of subsection (2) are— (a) the Secretary of State (subject to subsections (3) and (4) below); (b) the Environment Agency, if the determination is in relation to a supply of water that would affect water resources in England; (c) the NRBW, if the determination is in relation to a supply of water that would affect water resources in Wales.

234

(1) Section 66G(4) is amended as follows.

(2) In paragraph (c), after “the Environment Agency” insert “ , if the request or proposed determination relates to an introduction of water to the supply system of a water undertaker for the purpose of supplying water to premises in England ”.

(3) After paragraph (c) insert—

(ca) the NRBW, if the request or proposed determination relates to an introduction of water to the supply system of a water undertaker for the purpose of supplying water to premises in Wales;

235

(1) Section 66H(4) is amended as follows.

(2) In paragraph (c), after “the Environment Agency” insert “ , if the request or proposed determination relates to an introduction of water to the supply system of a water undertaker for the purpose of supplying water to premises in England ”.

(3) After paragraph (c) insert—

(ca) the NRBW, if the request or proposed determination relates to an introduction of water to the supply system of a water undertaker for the purpose of supplying water to premises in Wales;

236

(1) Section 71 is amended as follows.

(2) For “Environment Agency”, in each place where it occurs, substitute “ appropriate agency ”.

(3) In subsection (6), for “the Agency” substitute “ the appropriate agency ”.

(4) After subsection (8) insert—

(9) In this section “the appropriate agency” means— (a) the Environment Agency, in relation to a well, borehole or other work in England; (b) the NRBW, in relation to a well, borehole or other work in Wales.

237

(1) Section 101A is amended as follows.

(2) In subsection (5)—

(a) in paragraph (a), after “the Environment Agency” insert “ , if the guidance applies to premises in England ”;

(b) after paragraph (a) insert—

(aa) the NRBW, if the guidance applies to premises in Wales;

(3) In subsections (7) to (10), for “Environment Agency”, in each place where it occurs, substitute “ appropriate agency ”.

(4) After subsection (10) insert—

(11) In this section “the appropriate agency” means— (a) the Environment Agency, in relation to disputes between sewerage undertakers and owners or occupiers of premises in England; (b) the NRBW, in relation to disputes between sewerage undertakers and owners or occupiers of premises in Wales.

238

In section 110A, for subsection (6) substitute—

(6) The Authority shall not make an order under this section unless it has first consulted— (a) the Environment Agency, where the proposed main connection would discharge to a sewerage system that would dispose of that discharge to any controlled waters in England; (b) the NRBW, where the proposed main connection would discharge to a sewerage system that would dispose of that discharge to any controlled waters in Wales.

239

In section 120, for “the Environment Agency” and “the Agency”, in each place where they occur, substitute “ the appropriate agency ”.

240

(1) Section 123 is amended as follows.

(2) For “Environment Agency”, in each place where it occurs, substitute “ appropriate agency ”.

(3) In subsection (3)(b), for “Environment Agency's”, substitute “ appropriate agency's ”.

241

(1) Section 127 is amended as follows.

(2) For “Environment Agency”, in each place where it occurs (including in the heading to that section), substitute “ appropriate agency ”.

(3) In subsection (2)(b), for “Environment Agency's” substitute “ appropriate agency's ”.

242

(1) Section 130 is amended as follows.

(2) For “Environment Agency”, in each place where it occurs (including in the heading to that section), substitute “ appropriate agency ”.

(3) For “the Agency”, in each place where it occurs, substitute “ the appropriate agency ”.

243

(1) Section 131 is amended as follows.

(2) For “Environment Agency” in each place where it occurs (including in the heading to that section), substitute “ appropriate agency ”.

(3) In subsection (2)(b), for “Environment Agency's” substitute “ appropriate agency's ”.

244

(1) Section 132 is amended as follows.

(2) In subsection (1), for “Environment Agency”, in each place where it occurs, substitute “ appropriate agency ”.

(3) In subsection (2)—

(a) in the opening words, for “Environment Agency” substitute “ appropriate agency ”;

(b) in paragraph (a)—

(i) in the opening words, for “Environment Agency” substitute “ appropriate agency ”;

(ii) before sub-paragraph (i) insert—

(ai) where the Environment Agency is the appropriate agency, to the NRBW if the discharge or proposed discharge of special category effluent is from trade premises in England; (bi) where the NRBW is the appropriate agency, to the Environment Agency if the discharge or proposed discharge of special category effluent is from trade premises in Wales;

(4) In subsection (3)—

(a) for “Environment Agency” substitute “ appropriate agency ”;

(b) for “the sewerage undertaker in question and on the person specified in subsection (2)(a)(ii)” substitute “ any person consulted under subsection (2)(a) ”.

(5) In subsection (4)(c), for “Environment Agency” substitute “ appropriate agency ”.

(6) In subsection (6), for “the Environment Agency” and “the Agency” substitute “ the appropriate agency ”.

(7) In subsection (8), for “Environment Agency” substitute “ appropriate agency ”.

245

In section 133(6)—

(a) for “Environment Agency” substitute “ appropriate agency ”;

(b) for “the sewerage undertaker in question and on the person specified in section 132(2)(a)(ii)” substitute “ any person consulted under section 132(2)(a) ”.

246

(1) Section 134 is amended as follows.

(2) In subsection (1), for “Environment Agency” and “Environment Agency's”, substitute “ appropriate agency ” and “ appropriate agency's ” respectively.

(3) In subsection (2)—

(a) for “Environment Agency”, in each place where it occurs, substitute “ appropriate agency ”;

(b) in paragraph (b), for “the Agency” substitute “ the appropriate agency ”.

247

(1) Section 135A is amended as follows.

(2) In subsection (1)—

(a) for “Environment Agency” substitute “ appropriate agency ”;

(b) for “that Agency” substitute “ that appropriate agency ”.

(3) Accordingly, in the heading to section 135A, for “Environment Agency” substitute “ appropriate agency ”.

248

In section 141(1), in the appropriate place insert—

“appropriate agency” means— (a) in relation to the discharge or proposed discharge of special category effluent to a public sewer that directly or indirectly discharges or is to discharge (other than via a storm-water overflow sewer) that effluent to any controlled waters in England, the Environment Agency; (b) in relation to the discharge or proposed discharge of special category effluent to a public sewer that directly or indirectly discharges or is to discharge (other than via a storm-water overflow sewer) that effluent to any controlled waters in Wales, the NRBW;

249

In section 156(4), for “the Countryside Council for Wales”, in each place where it occurs, substitute “ the NRBW ”.

250

(1) Section 161 is amended as follows.

(2) In subsection (3)(b), after “the Environment Agency”, in each place where it occurs, insert “ or the NRBW ”.

(3) In subsection (4), after “the Environment Agency” insert “ , where the proposed works will affect any watercourse in England, and the NRBW, where the proposed works will affect any watercourse in Wales, ”.

251

(1) Section 166 is amended as follows.

(2) In subsection (1), for “the Environment Agency” substitute “ the appropriate agency ”.

(3) After subsection (9) insert—

(10) In this section “the appropriate agency” means— (a) the Environment Agency, in relation to discharges of water in England; (b) the NRBW, in relation to discharges of water in Wales.

252

In section 184(1), after “Environment Agency”, in each place where it occurs, insert “ or the NRBW ”.

253

In section 195(2)(bb), for “or the Environment Agency” substitute “ , the Environment Agency or the NRBW ”.

254

In section 202(6), after “the Environment Agency” insert “ or on the Welsh Ministers with respect to the NRBW ”.

255

(1) Section 206 is amended as follows.

(2) In subsection (3)(a)—

(a) after “the Environment Agency,” insert “ the NRBW, ”;

(b) for “or the Water Act 2003” substitute “ the Water Act 2003 or the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903) ”.

(3) In subsection (4)(a), after “the Environment Agency,” insert “ the NRBW, ”.

256

In section 209(3)(a), after “the Environment Agency,” insert “ the NRBW, ”.

257

In section 215(3)—

(a) after “the Environment Agency”, in the first place where it occurs, insert “ or the NRBW ”;

(b) after “the Environment Agency”, in the second place where it occurs, insert “ or, as the case may be, the NRBW ”.

258

(1) Section 217 is amended as follows.

(2) In subsection (2), after “the Environment Agency”, in the first and second places where it occurs, insert “ or the NRBW ”.

(3) In subsection (3), after “the Environment Agency”, in each place where it occurs, insert “ or the NRBW ”.

(4) In subsection (4), after “the Environment Agency,” insert “ on the NRBW, ”.

(5) In subsection (7), after “the Environment Agency” insert “ or the NRBW ”.

259

(1) Section 219(1) is amended as follows.

(2) In the definition of “public authority”, after “Environment Agency,” insert “ the NRBW, ”.

(3) In the definition of “watercourse”, after “Environment Agency” insert “ , the NRBW ”.

(4) In the appropriate place insert—

“the NRBW” means the Natural Resources Body for Wales;

260

(1) Section 221 is amended as follows.

(2) In subsection (2), for “Environment Agency” substitute “ appropriate agency ”.

(3) In subsection (7), in the appropriate place insert—

“the appropriate agency” means— (a) in relation to any act or omission of the Crown in England, the Agency; (b) in relation to any act or omission of the Crown in Wales, the NRBW;

261

In Schedule 1A, after paragraph 9(3)(c) insert—

(ca) the NRBW;

262

(1) In Schedule 11, paragraph 1(3) is amended as follows.

(2) In paragraph (a), after “Environment Agency” insert “ , if the whole or any part of a relevant locality is in England ”.

(3) After paragraph (a) insert—

(aa) the NRBW, if the whole or any part of a relevant locality is in Wales;

263

(1) In Schedule 13, paragraph 1 is amended as follows.

(2) In sub-paragraph (2), after “the Environment Agency”, in each place where it occurs, insert “ or the NRBW ”.

(3) In sub-paragraph (5)(a), after “the Environment Agency,” insert “ the NRBW, ”.

Water Resources Act 1991 (c. 57)

264

The Water Resources Act 1991 is amended as follows.

265

(1) Section 15 is amended as follows.

(2) In subsection (1)—

(a) after “Agency”, in the first place where it occurs, insert “ and the NRBW ”;

(b) for “its” substitute “ their ”;

(3) In subsection (2)—

(a) in paragraph (a), for “or the Water Act 1989” substitute “ , the Water Act 1989 or the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903) ”;

(b) after “Agency”, in the first and second places where it occurs, insert “ or the NRBW ”;

266

(1) Sections 20 and 20A are amended as follows.

(2) For “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

(3) In subsection (1) of each of those sections, in the closing words, after “section 6(2)” insert “ or, as the case may be, section 6(2A) ”.

267

In section 20B, for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

268

(1) Section 20C is amended as follows.

(2) For “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

(3) In subsection (1), after “section 6(2)” insert “ or, as the case may be, section 6(2A) ”.

269

(1) Section 21 is amended as follows.

(2) For “Agency”, in each place where it occurs (except in subsection (3)(za)), substitute “ appropriate agency ”.

(3) In subsection (3)—

(a) before paragraph (a) insert—

(za) if those waters are in Wales and there are related inland waters in England, the Agency; (zb) if those waters are in England and there are related inland waters in Wales, the NRBW;

(b) in paragraph (e) omit “wholly or partly”.

270

In the following provisions, for “Agency” and “Agency's”, in each place where they occur, substitute “ appropriate agency ” and “appropriate agency's” respectively—

(a) sections 22 to 24 (including the heading to section 22);

(b) section 25(1A)(a);

(d) section 25C;

(e) section 27A;

(f) section 32(3);

(g) sections 33A to 45;

(h) section 46A(2);

(i) sections 51 to 57 (including the heading to section 52);

(j) sections 59A to 59C;

(k) sections 60 to 64 (including the headings to sections 60, 63 and 64);

(l) section 66(3);

(m) section 69(2);

(n) sections 73 to 75;

(o) sections 77 to 79.

271

(1) Section 79A is amended as follows.

(2) For “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

(3) Omit subsection (7)(c).

272

In section 83 for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

273

(1) Section 84 is amended as follows.

(2) In subsection (1), for “Agency” substitute “ appropriate agency ”.

(3) In subsection (2)—

(a) in the opening words, for “Agency” substitute “ appropriate agency ”;

(b) at the end of paragraph (a) omit “and”;

(aa) in the case of the NRBW, to consult, in such cases as it may consider appropriate, with the Agency; and

(d) in paragraph (b)—

(i) at the beginning insert “ in the case of the Agency, ”;

(ii) at the end insert “ or with the NRBW ”.

274

In the following provisions, for “Agency”, in each place where it occurs, substitute “ appropriate agency ”

(a) sections 91B to 97 (including the heading to section 91B);

(b) sections 105 to 111 (including the heading to section 108);

(d) sections 115 and 116;

(e) the heading to Part 6.

275

(1) Section 118 is amended as follows.

(2) In subsection (1)—

(a) in the opening words, for “Agency” substitute “ appropriate agency ”;

(b) in paragraph (a), for “Agency's” substitute “ appropriate agency's ”;

(d) in paragraph (b)—

(i) before “shall be disregarded” insert “ where the appropriate agency is the Agency, ”;

(ii) at the end, for “.” substitute “ ; and ”;

(e) after paragraph (b) insert—

(c) where the appropriate agency is the NRBW, shall be disregarded in determining the amount of any surplus for the purposes of article 13 of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903).

(3) In subsections (2), (3) and (5), for “Agency” and “Agency's”, in each place where they occur, substitute “ appropriate agency ” and “ appropriate agency's ” respectively.

276

In sections 120 to 143, for “Agency” and “Agency's”, in each place where they occur (including in the headings to sections 120 and 143), substitute “ appropriate agency ” and “ appropriate agency's ” respectively.

277

In the heading to Chapter 1 of Part 7, for “Agency” substitute “ appropriate agency ”.

278

(1) Section 154 is amended as follows.

(2) In subsection (1)—

(a) after “Agency”, in each place where it occurs, insert “ or the NRBW ”;

(b) for “either of the Ministers” substitute “ the relevant Minister ”.

(3) In subsection (2)—

(a) in the opening words, for “each of the Ministers” substitute “ the relevant Minister ”;

(b) in paragraph (b)—

(i) after “Agency”, in the first place where it occurs, insert “ or, as the case may be, by the NRBW, ”;

(ii) after “Agency”, in the second place where it occurs, insert “ or the NRBW ”.

(4) In subsections (3) and (4), after “Agency” insert “ or the NRBW ”.

(5) In subsection (6)—

(a) after “(incidental general powers of the Agency)” insert “ or article 9 of the Natural Resources Body for Wales (Establishment) Order 2012 (general incidental function of the Body) (S.I. 2012/1903) ”;

(b) after “on the Agency” insert “ or the NRBW ”;

(6) After subsection (6) insert—

(7) In this section, in relation to the NRBW, references to functions have effect as references to relevant transferred functions. (8) In subsections (1) and (2), “the relevant Minister” means— (a) in relation to land in England, the Secretary of State; and (b) in relation to land in Wales, the Welsh Ministers.

279

(1) Section 155 is amended as follows.

(2) In subsection (1)—

(a) after “the Agency”, in the first and second places where it occurs, insert “ or the NRBW ”;

(b) after “the Agency”, in the third place where it occurs, insert “ and the NRBW ”;

(c) after “for the purpose of carrying out its functions” insert “ or, as the case may be, its relevant transferred functions ”.

(3) In subsections (3) and (4), after “the Agency” insert “ or, as the case may be, the NRBW ”.

(4) In subsection (5)—

(a) after “the Agency”, in the first and second places where it occurs, insert “ or, as the case may be, the NRBW ”;

(b) in paragraph (b), after “the Agency”, in each place where it occurs, insert “ or the NRBW ”.

(5) In subsection (6), after “the Agency” insert “ or, as the case may be, the NRBW ”.

280

(1) Section 156 is amended as follows.

(2) In subsection (1)—

(a) after “(incidental general powers of the Agency)” insert “ or article 9 of the Natural Resources Body for Wales (Establishment) Order 2012 (general incidental function of the Body) (S.I. 2012/1903) ”;

(b) after “the Agency”, in the second place where it occurs, insert “ or, as the case may be, the NRBW, ”;

(3) In subsection (2)—

(a) after “(incidental general powers of the Agency)” insert “ or article 9 of the Natural Resources Body for Wales (Establishment) Order 2012 (general incidental function of the Body) (S.I. 2012/1903) ”;

(b) after “the Agency”, in the second place where it occurs, insert “ or, as the case may be, the NRBW, ”.

281

(1) Section 157 is amended as follows.

(2) In subsection (1), after “the Agency” insert “ and the NRBW ”.

(3) In subsection (2), after “the Agency” insert “ or, as the case may be, the NRBW ”.

(4) After subsection (6) insert—

(7) In this section “compulsorily acquired land”, in relation to the NRBW, means any land of the NRBW which— (a) was acquired by the NRBW compulsorily under the provisions of section 154 above or of an order under section 168 below; (b) was acquired by the NRBW at a time when it was authorised under those provisions to acquire the land compulsorily; or (c) being land which has been transferred to the NRBW from the Agency in accordance with a scheme made under section 23 of the Public Bodies Act 2011, was compulsorily acquired land of the Agency within the meaning of subsection (6).

282

(1) Section 158 is amended as follows.

(2) In subsection (1)—

(a) after “section 37 of the 1995 Act (incidental powers of the Agency)” insert “ , or (as the case may be) of the NRBW by virtue of article 9 of the Natural Resources Body for Wales (Establishment) Order 2012 (general incidental function of the Body) (S.I. 2012/1903), ”;

(b) in paragraph (a), for “Agency” and “Agency's” substitute “ appropriate agency ” and “ appropriate agency's ” respectively;

(3) In subsection (2), for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

(4) In subsection (3), for “Agency” substitute “ appropriate agency ”.

283

In sections 159 to 161B and 161D to 164, for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

284

(1) Section 165 is amended as follows.

(2) In subsections (1), (1A), (2) and (3), for “Agency” substitute “ appropriate agency ”.

(3) In subsection (4)—

(a) after “Agency”, in each place where it occurs, insert “ or the NRBW ”;

(b) after “(grants to the new Agencies)” insert “ or article 12 of the Natural Resources Body for Wales (Establishment) Order 2012 (grants to the NRBW) (S.I. 2012/1903) ”.

(4) In subsection (5), after “Agency”, in each place where it occurs, insert “ or the NRBW ”.

285

(1) Section 166 is amended as follows.

(2) In subsection (1)—

(a) after “section 37 of the 1995 Act (incidental powers of the Agency),” insert “ or (as the case may be) article 9 of the Natural Resources Body for Wales (Establishment) Order 2012 (general incidental function of the Body) (S.I. 2012/1903), ”;

(b) for “Agency”, in the second place where it occurs, substitute “ appropriate agency ”.

(3) In subsection (2), for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

(4) In subsection (4), in the definition of “flood warning system”, in paragraph (c), for “Agency” substitute “ appropriate agency ”.

286

(1) Section 167 is amended as follows.

(2) In subsection (1), for “Agency” substitute “ appropriate agency ”.

(3) In subsection (3), for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

287

After section 167 insert—

(167A) Consultation in relation to works affecting flood and coastal erosion risks (1) Before exercising a function to which this section applies in a manner which may affect a flood or coastal erosion risk (within the meaning of the Flood and Water Management Act 2010) in Wales, the Agency must consult the NRBW. (2) Before exercising a function to which this section applies in a manner which may affect a flood or coastal erosion risk (within that meaning) in England, the NRBW must consult the Agency. (3) This section applies to any function under— (a) section 109; (b) the flood risk management work provisions; (c) byelaws made under paragraph 5 of Schedule 25.

288

(1) Section 168 is amended as follows.

(2) For “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

(3) After subsection (8) insert—

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

289

(1) Section 169 is amended as follows.

(2) In subsection (1)—

(a) for “or by the Agency”, substitute “ , by the Agency, or by the NRBW, ”;

(b) in paragraph (a), after “Agency” insert “ or of any relevant byelaws made by the NRBW ”;

(3) In subsection (3), after “functions” insert “ or the NRBW carries out relevant transferred functions ”.

(4) After subsection (3) insert—

(3A) The Agency may designate a person under subsection (1) in relation to— (a) any provision made by or under this Act, so far as it applies otherwise than in relation to Wales; (b) any provision made by or under any other enactment, if the Agency carries out functions under or for the purposes of that provision; (c) any byelaws made by the Agency. (3B) The NRBW may designate a person under subsection (1) in relation to— (a) any provision made by or under this Act, so far as it applies in relation to Wales; (b) any provision made by or under any other enactment, if the NRBW carries out relevant transferred functions under or for the purposes of that provision; (c) any relevant byelaws.

(5) In subsection (4), after “Agency's” insert “ or the NRBW's ”.

(6) After subsection (4) insert—

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

290

(1) Section 170 is amended as follows.

(2) In subsection (1), after “Agency” insert “ or by the NRBW ”.

(3) In subsection (2)(a)(i), after “Agency” insert “ or the NRBW ”.

(4) In subsection (3)—

(a) after “Agency”, in the first place where it occurs, insert “ or by the NRBW ”;

(b) after “Agency”, in the second place where it occurs, insert “ or the NRBW ”.

291

(1) Section 171 is amended as follows.

(2) In subsection (1), after “Agency” insert “ or by the NRBW ”.

(3) In subsection (2), after “Agency”, in each place where it occurs, insert “ or the NRBW ”.

(4) In subsection (3)(c), after “Agency” insert “ or the NRBW ”.

(5) After subsection (5) insert—

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

292

(1) Section 172 is amended as follows.

(2) In subsection (1)—

(a) for “or the Agency” substitute “ , by the Agency, or by the NRBW ”;

(b) in paragraph (a), for “or on the Agency” substitute “ , on the Agency, or on the NRBW, ”.

(3) In subsections (2) and (3), for “or the Agency”, in each place where it occurs, substitute “ , the Agency, or the NRBW, ”.

(4) In subsection (3A), after “Agency's” insert “ or the NRBW's ”.

(5) In subsection (4), after “Agency” insert “ or the NRBW ”.

(6) After subsection (4) insert—

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

293

In section 174(1) and (2), after “Agency” insert “ or by the NRBW ”.

294

In sections 175 to 183, for “Agency” and “Agency's”, in each place where they occur (including in the cross-heading before section 175 and the headings to sections 175 and 180), substitute “ appropriate agency ” and “ appropriate agency's ” respectively.

295

In section 184, for “the Agency”, in each place where it occurs, substitute “ the NRBW ”.

296

In section 185(2), for “Agency” substitute “ appropriate agency ”.

297

(1) Section 186 is amended as follows.

(2) In subsection (1), at the appropriate place insert—

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

(3) After subsection (1) insert—

(1A) For the purposes of the definition of “relevant transferred functions”— (a) a function of the Agency was exercisable before 1 April 2013 whether or not the enactment conferring it had come into force before that date, but (b) a function is only a relevant transferred function when the enactment conferring the Agency function transferred to or conferred on the NRBW has come into force.

(4) In subsection (3), after “the Agency” insert “ or on the NRBW ”.

298

For section 188 substitute—

(188) Duty of the Agency and NRBW to publish information (1) The Agency must— (a) collate and publish information from which assessments can be made of the actual and prospective demand for water, and of actual and prospective water resources, in England; and (b) collaborate with others, so far as it considers it appropriate to do so, in collating and publishing any such information or any similar information in relation to places outside England. (2) The NRBW must— (a) collate and publish information from which assessments can be made of the actual and prospective demand for water, and of actual and prospective water resources, in Wales; and (b) collaborate with others, so far as it considers it appropriate to do so, in collating and publishing any such information or any similar information in relation to places outside Wales.

299

In sections 189 to 197 and 199 to 203, for “Agency” and “Agency's”, in each place where they occur (including in the cross-heading before section 189), substitute “ appropriate agency ” and “ appropriate agency's ” respectively.

300

(1) Section 204 is amended as follows.

(2) In subsection (2)(a)—

(a) after “the Agency,” insert “ the NRBW, ”;

(b) for “or the Water Act 2003” substitute “ the Water Act 2003, or the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903) ”.

(3) In subsection (3)(a), after paragraph (ia) insert—

(ib) the NRBW;

301

In section 207, for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

302

(1) Section 208 is amended as follows.

(2) In subsection (1)—

(a) after “Agency”, in the first place where it occurs, insert “ or the NRBW ”;

(b) after “Agency”, in the second place where it occurs, insert “ or, as the case may be, the NRBW, ”.

(3) In subsections (2) and (3), after “Agency”, in each place where it occurs, insert “ or the NRBW ”.

(4) In subsection (4)—

(a) after “Agency” insert “ or the NRBW ”;

(b) after “Agency's” insert “ or the NRBW's ”.

(5) In subsections (5) and (6), after “Agency”, in each place where it occurs, insert “ or the NRBW ”.

(6) Accordingly, the heading to section 208 becomes “ Civil liability of the Agency or NRBW for escapes of water etc ”.

303

In sections 210 to 216, for “Agency”, in each place where it occurs (including in the heading to section 210), substitute “ appropriate agency ”.

304

(1) Section 221 is amended as follows.

(2) After the definition of “analyse” insert—

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

(3) In the definition of “flood defence functions”—

(a) for “the Agency”, in the first place where it occurs, substitute “ the appropriate agency ”;

(b) in paragraph (b), after “those functions” insert “ of the appropriate agency which were previously ”;

(4) After the definition of “flood defence provisions” insert—

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

(5) After the definition of “notice” insert—

“the NRBW” means the Natural Resources Body for Wales;

(6) In the definition of “public authority”, after “the Agency,” insert “ the NRBW, ”.

(7) In the definition of “the related water resources provisions”, in paragraph (b)(ii), after “subsections (1)” insert “ , (1A) ”.

(8) In the definition of “watercourse”, after “Agency” insert “ , the NRBW, ”.

(9) In the definition of “water pollution provisions”, in the closing words, after “subsections (1)” insert “ , (1A) ”.

(10) After subsection (1) insert—

(1A) For the purposes of the definition of “the appropriate agency” in subsection (1), “Wales” has the meaning given by section 158 of the Government of Wales Act 2006.

305

(1) Section 222 is amended as follows.

(2) In subsection (2), for “Agency” substitute “ appropriate body ”.

(3) In subsection (8)—

(a) after “Agency's” insert “ or the NRBW's ”;

(b) after “Agency” insert “ or the NRBW ”.

(4) In subsection (9), in the appropriate place insert—

“the appropriate body” means— (a) in relation to any act or omission of the Crown in England, the Agency; (b) in relation to any act or omission of the Crown in Wales, the NRBW;

306

In Schedule 2, in paragraphs 1 to 3, 5, 8 and 10, for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

307

In Schedule 5, in paragraphs 2 to 5, for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

308

(1) Schedule 6 is amended as follows.

(2) In paragraph 1—

(a) in sub-paragraph (2), for “Agency” substitute “ appropriate agency ”;

(b) in sub-paragraph (4)—

(i) in the opening words, for “Agency” substitute “ appropriate agency ”;

(ii) at the end of paragraph (g) insert “ and ”;

(iii) omit paragraph (h);

(d) in sub-paragraph (6), for “Agency” and “Agency's” substitute “ appropriate agency ” and “ appropriate agency's ” respectively.

(3) In paragraphs 2 to 4, for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

309

In Schedule 7, in paragraphs 1(3) and 4, for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

310

(1) Schedule 8 is amended as follows.

(2) In paragraph 1(2), in the Table, in the entry relating to “All orders”, after paragraph (a) insert—

(aa) The NRBW (where it is not the applicant).

(3) In paragraph 2(7)—

(a) after “Agency” insert “ or in connection with relevant environmental functions of or in relation to the NRBW ”;

(b) before “, a local inquiry held under this paragraph” insert “ as modified by subsection (4) of that section ”.

311

In the following provisions, for “Agency” and “Agency's”, in each place where they occur, substitute “ appropriate agency ” and “appropriate agency's” respectively—

(a) paragraphs 1 to 3 of Schedule 11;

(b) paragraphs 1 and 2 of Schedule 14 (including the heading to that Schedule);

(d) paragraphs 1 to 3 of Schedule 16;

(e) paragraphs 1 to 5, 7 and 8 of Schedule 19.

312

(1) Schedule 20 is amended as follows.

(2) In paragraph 6(3)(b), after “Agency” insert “ or the NRBW ”.

(3) In paragraph 8(1), for “or the Agency” substitute “ , the Agency or the NRBW ”.

313

In Schedule 21, in paragraphs 1, 2, 4 and 5, for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

314

(1) Schedule 22 is amended as follows.

(2) In paragraphs 1(1), 2(1)(a) and 3(5), for “Agency” substitute “ appropriate agency ”.

(3) In paragraph 5—

(a) for “Agency”, in each place where it occurs, substitute “ appropriate agency ”;

(b) after “section 37 of the 1995 Act” insert “ or, as the case may be, article 9 of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903) ”.

315

In the following provisions, for “Agency” and “Agency's”, in each place where they occur, substitute “ appropriate agency ” and “appropriate agency's” respectively—

(a) paragraphs 1 to 7 of Schedule 23;

(b) paragraphs 1 to 6 of Schedule 25 (including the heading to that Schedule and the heading to paragraph 3);

(d) paragraphs 1, 3 to 5 and 7 to 9 of Schedule 27.

Land Drainage Act 1991 (c. 59)

316

The Land Drainage Act 1991 is amended as follows.

317

In sections 2 to 10, for “Agency”, in each place where it occurs (including in the headings to sections 4, 5, 7 and 9), substitute “ appropriate supervisory body ”.

318

(1) Section 11 is amended as follows.

(2) In subsection (1), after “Agency”, in each place where it occurs, insert “ or the Natural Resources Body for Wales ”.

(3) In subsection (2), for “Agency”, in each place where it occurs, substitute “ appropriate supervisory body ”.

319

In section 14A(8)(b), for “Environment Agency” substitute “ appropriate agency ”.

320

In sections 16 and 18, for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

321

In section 22(3)(b), for “Agency” substitute “ appropriate agency ”.

322

(1) Section 23 is amended as follows.

(2) In subsection (1B), for “Environment Agency” substitute “ appropriate agency ”.

(3) In subsection (1C), for “Environment Agency” substitute “ appropriate supervisory body ”.

323

In section 32, for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

324

In section 35(1), for “Agency” substitute “ appropriate agency ”.

325

In sections 36(1), 38, 39 and 47, for “Agency”, in each place where it occurs, substitute “ appropriate supervisory body ”.

326

In sections 56, 57 and 58, for “Agency”, in each place where it occurs (including in the headings to sections 57 and 58), substitute “ appropriate agency ”.

327

In section 59, after “Agency” insert “ or the Natural Resources Body for Wales ”.

328

In section 61A, for “Agency”, in each place where it occurs, substitute “ appropriate supervisory body ”.

329

In section 61B, for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

330

In section 61C, for “the Countryside Council for Wales”, in each place where it occurs, substitute “ the Natural Resources Body for Wales ”.

331

(1) Section 61E(4) is amended as follows.

(2) After paragraph (a) insert—

(aa) the Natural Resources Body for Wales;

(3) In paragraph (b), omit “and the Countryside Council for Wales”.

332

In section 61F, for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

333

(1) Section 67 is amended as follows.

(2) In subsection (2), after “Agency”, in each place where it occurs, insert “ or the Natural Resources Body for Wales ”.

(3) In subsection (5), for “Agency” substitute “ appropriate agency ”.

334

(1) In section 70, after “Agency” insert “ or the Natural Resources Body for Wales ”.

(2) Accordingly, in the heading to that section, after “Agency” insert “ and Natural Resources Body for Wales ”.

335

(1) Section 72 is amended as follows.

(2) In subsection (1)—

(a) in the appropriate place insert—

“the appropriate agency” means— (a) in relation to England, the Agency; (b) in relation to Wales, the Natural Resources Body for Wales; “the appropriate supervisory body” means— (a) in relation to internal drainage districts which are wholly or mainly in England, the Agency; (b) in relation to internal drainage districts which are wholly or mainly in Wales, the Natural Resources Body for Wales.

(b) in the definition of “drainage body”, after “Agency,” insert “ the Natural Resources Body for Wales, ”.

(3) In subsection (6), after “Agency” insert “ , the Natural Resources Body for Wales ”.

(4) In subsection (8), after “Agency” insert “ or the Natural Resources Body for Wales ”.

336

In section 74(5), after “Agency” insert “ or the Natural Resources Body for Wales ”.

337

In Schedule 2, in paragraphs 4(1)(b) and 5(1)(b), for “Agency” substitute “ appropriate supervisory body ”.

338

In Schedule 4, for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

339

In Schedule 6, in paragraph 1(1)(a), after “Agency,” insert “ the Natural Resources Body for Wales, ”.

Transport and Works Act 1992 (c. 42)

340

In section 6(7)(b) of the Transport and Works Act 1992, for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

Protection of Badgers Act 1992 (c. 51)

341

In section 10(4)(b) of the Protection of Badgers Act 1992, for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

Clean Air Act 1993 (c. 11)

342

The Clean Air Act 1993 is amended as follows.

343

(1) Section 31 is amended as follows.

(2) In subsection (4)(a)(ii) and (b), for “Environment Agency” substitute “ appropriate agency ”.

(3) After subsection (5) insert—

(6) In this section, “appropriate agency” means— (a) in relation to England, the Environment Agency; (b) in relation to Wales, the Natural Resources Body for Wales.

344

In section 36(2A), for “Environment Agency”, in each place where it occurs, substitute “ appropriate agency ”.

345

In section 40, before paragraph (a) insert—

(za) “appropriate agency” means— (i) in relation to England, the Environment Agency; (ii) in relation to Wales, the Natural Resources Body for Wales;

Cardiff Bay Barrage Act 1993 (c. 42)

346

The Cardiff Bay Barrage Act 1993 is amended as follows.

347

In section 2(6), for “Countryside Council for Wales” substitute “ Natural Resources Body for Wales ”.

348

In section 3(1), for the words from “granted” to “to” substitute “ granted by the Natural Resources Body for Wales to ”.

349

(1) Section 8 is amended as follows.

(2) In subsection (1), in the opening words, for the words from “by the” to “in” substitute “ by the Natural Resources Body for Wales in ”.

(3) In subsection (2)(a), for the words from “specified” to “as” substitute “ specified by the Natural Resources Body for Wales as ”.

(4) In subsection (3)(b), for the words from “by the” to “for” substitute “ by the Natural Resources Body for Wales for ”.

(5) In subsection (4)(a), for the words from “the” to “and” substitute “ the Natural Resources Body for Wales, and ”.

350

In section 9(3), for “Countryside Council for Wales” substitute “ Natural Resources Body for Wales ”.

351

(1) Section 12 is amended as follows.

(2) In subsection (1)(b), for the words from “the” to “for” substitute “ the Natural Resources Body for Wales for ”.

(3) In subsection (3)(a), for the words from “the” to “and” substitute “ the Natural Resources Body for Wales, and ”.

352

In section 14(2), for “Countryside Council for Wales” substitute “ Natural Resources Body for Wales ”.

353

In section 15(6)(b), for the words from “power” to “under” substitute “ power of the Natural Resources Body for Wales under ”.

354

In section 16(5), for the words after “consult” substitute “ the Natural Resources Body for Wales ”.

355

In section 20(6)(b), for the words from “the” to “under” substitute “ the Natural Resources Body for Wales under ”.

356

In section 26(2), for the words after “delegation” substitute “ to the Natural Resources Body for Wales ”.

357

(1) Schedule 2 is amended as follows.

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