Water Resources Act 1991

chapter III E+W GRANTS AND LOANS

Grants to the [F1 Agency] E+W

Textual Amendments

F1 Word in s. 146 cross-heading substituted (subject to other provisions of amending Act) (1.4.1996) by 1995 c. 25, s. 120, Sch. 22 para. 128 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F2 146 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F2 S. 146 repealed (1.4.1996) by 1995 c. 25, s. 120, Sch. 22 para. 155, Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

147 Grants for drainage works. E+W

(1) Subject to subsection (2) below, the relevant Minister may make grants towards expenditure incurred by the [F3 Agency] in—

(a) the improvement of existing drainage works; or

(b) the construction of new drainage works.

(2) Grants under subsection (1) above shall be—

(a) of such amounts as the Treasury may from time to time sanction; and

(b) subject to such conditions as may, with the approval of the Treasury, be prescribed by regulations made by the relevant Minister.

(3) No grant shall be made under subsection (1) above towards expenditure incurred in connection with any improvement or construction unless—

(a) the plans and sections for it have been approved by the relevant Minister; and

(b) the relevant Minister is satisfied that the work is being or has been properly carried out.

(4) The relevant Minister may, with the approval of the Treasury, make grants to the [F3 Agency] in respect of expenditure properly incurred by it with a view to.

[F4 (a)] carrying out drainage works, being expenditure towards which, if the works had been properly carried out, a grant would have been payable under subsection (1) above

[F5 (b) enabling it to determine in any particular case whether drainage works, or drainage works of any particular description, should or should not be carried out;

(c) obtaining or organising information, including information about natural processes affecting the coastline, to enable it to formulate or develop its plans with respect to the defence against sea water of any part of the coastline; or

(d) obtaining, at any time after the carrying out of drainage works, information with respect to—

(i) the quality or effectiveness, or the effect on the environment, of those works; or

(ii) any matter of a financial nature relating to those works.

(4A) Paragraphs (b) to (d) of subsection (4) above are without prejudice to any power—

(a) to make any grant under subsection (1) or (4)(a) above, or

(b) to impose any condition under subsection (2) above,

which could be made or imposed apart from those paragraphs.]

(5) Where the [F3 Agency] is about to incur—

(a) such expenditure in respect of any work as is expenditure towards which, if the work is properly carried out, a grant will be payable under subsection (1) above; or

(b) expenditure in respect of which it appears to the relevant Minister that a grant will be payable under subsection (4) above,

the relevant Minister may, with the approval of the Treasury, make advances to the [F3 Agency] on account of the expenditure.

(6) In this section “the relevant Minister”—

(a) in relation to Wales, means the Secretary of State; and

(b) in relation to England, means the Minister.

Textual Amendments

F3 Words in s. 147 substituted (subject to other provisions of the amending Act) (1.4.1996) by 1995 c. 25, s. 120, Sch. 22 para. 128 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F4 S. 147(4)(a) re numbered (21.9.1995) by 1995 c. 25, s. 101(1) (with ss. 7(6), 115, 117); S.I. 1996/1983, art. 3

F5 S. 147(4)(a)-(d)(4A) added (21.9.1995) by 1995 c. 25, s. 101(1) (with ss. 7(6), 115, 117); S.I. 1995/1983, art. 3

148 Grants towards cost of flood warning systems. E+W

(1) The relevant Minister may make grants, of such amounts as the Treasury may from time to time sanction, towards expenditure incurred by the [F6 Agency] in providing or installing apparatus, or carrying out other engineering or building operations, for the purposes of a flood warning system.

(2) No grant shall be payable under this section towards expenditure incurred in connection with any work unless—

(a) the work has been approved by the relevant Minister; and

(b) the relevant Minister is satisfied that the work is being or has been properly carried out.

(3) Grants under this section shall be made subject to such conditions as may be imposed by the relevant Minister with the approval of the Treasury.

(4) Where any such expenditure as is mentioned in subsection (1) above is about to be incurred by the [F6 Agency], the relevant Minister may, with the approval of the Treasury, make advances to the [F6 Agency] on account of the expenditure.

(5) In this section—

• “flood warning system” means any system whereby, for the purpose of providing warning of any danger of flooding, information with respect to—

  (a)

  rainfall, as measured at a particular place within a particular period; or

  (b)

  the level or flow of any inland water, or part of an inland water, at a particular time; or

  (c)

  other matters appearing to the [F6 Agency] to be relevant for that purpose,

  is obtained and transmitted, whether automatically or otherwise, with or without provision for carrying out calculations based on such information and for transmitting the results of those calculations;

• “inland water” means any of the following in any part of Great Britain, that is to say—

  (a)

  any river, stream or other watercourse, whether natural or artificial and whether tidal or not;

  (b)

  any lake or pond, whether natural or artificial, and any reservoir or dock; and

  (c)

  any channel, creek, bay, estuary or arm of the sea;

• “rainfall” includes any fall of snow, hail or sleet; and

• “the relevant Minister” has the same meaning as in section 147 above.

Textual Amendments

F6 Words in s. 148 substituted (subject to other provisions of the amending Act) (1.4.1996) by 1995 c. 25, s. 120, Sch. 22 para. 128 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

149 Other grants in respect of exercise of powers under Part VII for drainage purposes. E+W

(1) The relevant Minister may, with the approval of the Treasury, make to the [F7 Agency] grants in respect of expenditure incurred by the [F7 Agency], and advances on account of expenditure to be incurred by the [F7 Agency], in connection with the [F7 Agency’s] functions by virtue of section 165(1)(b) or (c) below—

(a) in making payments arising from the exercise of any power of the [F7 Agency] by virtue of this Act to acquire land by agreement or compulsorily;

(b) in providing housing accommodation for persons employed or to be employed by the [F7 Agency] in controlling works of such a kind or so located that those persons are or will be required to reside in the vicinity of the works;

(c) for making payments by virtue of any provision having effect under section 177 below in respect of injury sustained by any person by reason of the exercise by the [F7 Agency] of any powers under section 165 below;

(d) in paying compensation by virtue of any provision having effect under section 177 below in respect of injury sustained by reason of the exercise by the [F7 Agency]of its powers under section 167 below.

(2) The relevant Minister may, with the approval of the Treasury, make to the [F7 Agency] grants in respect of, or advances on account of, expenditure incurred or to be incurred in carrying out works for the rebuilding or repair of any bridge maintained by the [F7 Agency], other than works appearing to the relevant Minister to be maintenance works of a routine kind.

(3) The relevant Minister may, with the approval of the Treasury, make to the [F7 Agency] grants in respect of the cost of any works executed by the [F7 Agency] in pursuance of section 165(4) below.

(4) In this section “the relevant Minister” has the same meaning as in section 147 above.

Textual Amendments

F7 Words in s. 149 substituted (subject to other provisions in the amnding Act) (1.4.1996) by 1995 c. 25, s. 120, Sch. 22 para. 128 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F8 150 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F8 Ss. 150-153 repealed (1.4.1996) by 1995 c. 25, s. 120, Sch. 22 para. 156, Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Borrowing by the Authority E+W

F9 151 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F9 Ss. 150-153 repealed (1.4.1996) by 1995 c. 25, s. 120, Sch. 22 para. 156 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F10 152 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F10 Ss. 150-153 repealed (1.4.1996) by 1995 c. 25, s. 120, Sch. 22 para. 156 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F11 153 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F11 Ss. 150-153 repealed (1.4.1996) by 1995 c. 25, s. 120, Sch. 22 para. 156 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3