Water Act 1989

Sections 51 and 111.

SCHEDULE 7 Procedure for certain Orders

Orders to which Schedule applies

1 This Schedule applies to orders under section 51 or 111 of this Act; and in this Schedule—

• “a relevant authority”—

  (a)

  in relation to an order under section 51 of this Act, means the Director or a water undertaker; and

  (b)

  in relation to an order under section 111 of this Act, means the Authority;

  and

• “the relevant locality”—

  (a)

  in relation to a proposed order under section 51 of this Act, means the locality which would be affected by the provision proposed to be made by the order; and

  (b)

  in relation to a proposed order under section 111 of this Act, means the area proposed to be designated as a water protection zone by the order.

Applications for orders

2 (1) Where a relevant authority applies to the Secretary of State for an order to which this Schedule applies, the applicant shall—

(a) submit to the Secretary of State a draft of the order applied for;

(b) publish a notice with respect to the application, at least once in each of two successive weeks, in one or more newspapers circulating in the relevant locality;

(c) not later than the date on which that notice is first published serve a copy of the notice on every local authority and water undertaker whose area includes the whole or any part of that locality; and

(d) publish a notice in the London Gazette which—

(i) states that the draft order has been submitted to the Secretary of State;

(ii) names every local authority on whom a notice is required to be served under this paragraph;

(iii) specifies a place where a copy of the draft order and of any relevant map or plan may be inspected; and

(iv) gives the name of every newspaper in which the notice required by virtue of paragraph (b) above was published and the date of an issue containing the notice.

(2) The notice required by virtue of sub-paragraph (1)(b) above to be published with respect to an application for an order shall—

(a) state the general effect of the order applied for;

(b) specify a place where a copy of the draft order and of any relevant map or plan may be inspected by any person free of charge at all reasonable times during the period of twenty-eight days beginning with the date of the first publication of the notice; and

(c) state that any person may, within that period, by notice to the Secretary of State object to the making of the order.

Supply of copies of draft orders

3 The applicant for an order to which this Schedule applies shall, at the request of any person and on payment by that person of such charge (if any) as the applicant may reasonably require, furnish that person with a copy of the draft order submitted to the Secretary of State under paragraph 2 above.

Modifications of proposals

4 (1) On an application for an order to which this Schedule applies, the Secretary of State may make the order either in the terms of the draft order submitted to him or, subject to sub-paragraph (2) below, in those terms as modified in such manner as he thinks fit, or may refuse to make an order.

(2) The Secretary of State shall not make such a modification of a draft order submitted to him as he considers is likely adversely to affect any persons unless he is satisfied that the applicant for the order has given and published such additional notices, in such manner, as the Secretary of State may have required.

(3) Subject to sub-paragraph (2) above and to the service of notices of the proposed modification on such local authorities as appear to him to be likely to be interested in it, the modifications that may be made by the Secretary of State of a draft order under section 111 of this Act include any modification of the area designated by the draft order as a water protection zone.

Consideration of objections etc.

5 Without prejudice to section 120 of this Act, where an application for an order to which this Schedule applies has been made, the Secretary of State may, if he considers it appropriate to do so, hold a local inquiry before making any order on the application.