Water Resources Act 1991

166 Power to carry out works for purpose of providing flood warning system. E+W+S

(1) Without prejudice to its other powers by virtue of [F1 section 37 of the 1995 Act (incidental general powers of the Agency)], Part IV of this Act and this Part, the [F2 Agency] shall have power—

(a) to provide and operate flood warning systems;

(b) to provide, install and maintain apparatus required for the purposes of such systems;

(c) to carry out any other engineering or building operations so required.

(2) Subsection (1) above shall not be construed as authorising, on the part of the [F2 Agency], any act or omission which, apart from that subsection, would be actionable at the suit of any person on any grounds other than a limitation imposed by law on the capacity of the [F2 Agency] by virtue of its constitution.

(3) The [F2 Agency] may exercise the powers conferred by subsection (1)(b) or (c) above in an area in Scotland as if—

(a) its functions in relation to the areas of the regional flood defence committees whose areas are adjacent to Scotland were functions in relation to that area in Scotland; and

(b) that area in Scotland were included in the areas of each of those committees;

but the powers conferred by this subsection are subject (except in the case of a power to maintain apparatus) to prior consultation with the local authority (within the meaning of section 1 of the M1 Flood Prevention (Scotland) Act 1961) for the area in Scotland in question.

(4) In this section “flood warning system” has the same meaning as in section 148 above.

Textual Amendments

F1 Words in s. 166(1) substituted (1.4.1996) by 1995 c. 25, s. 120, Sch. 22 para. 164 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F2 Words in s. 166 substituted (subject to the 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

Marginal Citations

M1 1961 c. 41.