Textual Amendments
F1S. 12A inserted (E.W.) (1.10.2004 for E., 11.11.2004 for W.) by Water Act 2003 (c. 37), ss. 77, 105(3); S.I. 2004/2528, art. 2(m) (with Sch. para. 8); S.I. 2004/2916, art. 2(a)
(1)The Secretary of State may, by written notice served on the undertakers in relation to a large raised reservoir, direct them to prepare a plan (a “flood plan”) setting out the action they would take in order to control or mitigate the effects of flooding likely to result from any escape of water from the reservoir.
(2)A direction may in particular—
(a)specify the matters to be included in the flood plan;
(b)require the flood plan to be prepared in accordance with such methods of technical or other analysis as may be specified by the Environment Agency;
(c)require the flood plan, or any information about the matters contained in it, to be given to the Environment Agency at such time or times as may be directed by that Agency or by the Secretary of State;
(d)require a copy of the flood plan to be sent to such persons as may be specified in the direction;
(e)require publication of the flood plan, in such manner as may be specified in the direction, for the purpose of bringing the matters contained in the flood plan to the attention of persons likely to be interested.
(3)Before giving a direction under this section the Secretary of State shall consult—
(a)the undertakers concerned;
(b)the Environment Agency;
(c)if the reservoir concerned is in England, the county council, metropolitan district council or London borough council in whose area the reservoir is situated;
(d)if the reservoir concerned is in Wales, the county council or county borough council in whose area the reservoir is situated;
(e)such persons appearing to the Secretary of State to represent the emergency services in the area where the reservoir is situated; and
(f)such other persons (if any) as the Secretary of State considers appropriate.
(4)If—
(a)the functions of the Secretary of State under the preceding provisions of this section are transferred to the National Assembly for Wales so far as exercisable in relation to Wales;
(b)no direction has been given by the Assembly under subsection (1) above in relation to a reservoir in Wales; and
(c)it appears to the Secretary of State that it is necessary or expedient in the interests of public safety in England that such a direction be given,
he may give a direction under that subsection in relation to that reservoir.
(5)This section is subject to section 12B below.]
(1)If it appears to the Secretary of State that in the interests of national security any person or class of persons referred to in any one or more of paragraphs (a) to (e) of section 12A(3) above should not be consulted about a proposed direction, he may treat that subsection as not referring to that person or to that class of person.
(2)In relation to any reservoir (whether a large raised reservoir or not, as the case may be) the Secretary of State may, by written notice served on the undertakers, require them not to publish, or not to publish except as specified in the notice—
(a)a flood plan prepared by them pursuant to a notice given under section 12A above;
(b)any corresponding plan prepared by them other than pursuant to such a notice,
and a notice under this subsection may also require the undertakers to withhold access to any such plan from any person except as specified in the notice.]
Textual Amendments
F2S. 12B inserted (E.W.) (1.10.2004 for E., 11.11.2004 for W.) by Water Act 2003 (c. 37), ss. 78(2), 105(3); S.I. 2004/2528, art. 2(n) (with Sch. para. 8); S.I. 2004/2916, art. 2(b)