Textual Amendments
F1Pt. VIA (ss. 76A–76L) inserted by Water Act 1989 (c. 15, SIF 130), s. 168, Sch. 22 (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)
(1)This section applies to enforcement of the duties of water authorities under sections 76A and 76D(1) and under regulations made under section 76B.
(2)Without prejudice to its generality, section 11 above (power of Secretary of State to make a default order) shall have effect, subject to the following provisions of this section, for the enforcement by the Secretary of State of the duties referred to in subsection (1) above.
(3)The Secretary of State may make an order under subsection (2) of section 11 without having caused a local inquiry to be held into the matter.
(4)If he is satisfied that a water authority has failed in any of the duties referred to in subsection (1) above, the Secretary of State shall make an order under subsection (2) of section 11 unless he is satisfied—
(a)that the failures complained of
[F2(i)]were of a trivial nature [F3; or
(ii)are not continuing and are unlikely to recur;] or
(b)that the water authority have given, and are complying with, an undertaking to take all such steps as it appears to the Secretary of State to be appropriate, for the time being, for them to take for the purpose of securing or faciliating compliance with these duties.
Textual Amendments
F2Words in s. 76E(4) renumbered as sub-para. (i) (4.1.1995) by 1994 c. 39, s. 113(a) (with s. 74(4)); S.I. 1994/2850, art. 3(a), Sch. 2
F3S. 76E(4)(a)(ii) and preceding word "or" added (4.1.1995) by 1994 c. 39, s. 113(b) (with s. 74(4)); S.I. 1994/2850, art. 3(a), Sch. 2