(1)The Authority must have regard to guidance issued under section 143E in making rules under section 143B (as well as to any guidance issued under section 43 or 44 of the Flood and Water Management Act 2010).
(2)Before issuing rules under section 143B, the Authority must—
(a)prepare a draft of the proposed rules, and
(b)consult the relevant persons about the draft.
(3)The relevant persons are—
(a)the Secretary of State;
(b)the Welsh Ministers;
(c)the Council;
(d)any relevant undertakers likely to be affected by the rules;
(e)such other persons as the Authority thinks appropriate.
(4)The Authority must specify the period (“the consultation period”) within which a person may make representations about the proposed rules.
(5)Before rules under section 143B prepared by the Authority are issued, the Minister may direct the Authority not to issue the rules.
(6)In subsection (5) “the Minister” means—
(a)the Secretary of State, so far as the rules in question affect relevant undertakers whose areas are wholly or mainly in England;
(b)the Welsh Ministers, so far as the rules in question affect relevant undertakers whose areas are wholly or mainly in Wales.
(7)A direction under subsection (5) must be given within the period of 28 days beginning with the day after the end of the consultation period, and rules prepared by the Authority may not be issued before that period of 28 days has expired.
(8)This section is subject to section 143D.]
Textual Amendments
F1Ss. 143B-143E inserted (15.7.2015 for the insertion of s. 143C(1)-(7), 1.11.2015 in so far as not already in force) by Water Act 2014 (c. 21), ss. 16(2), 94(3); S.I. 2015/1469, arts. 2(a), 4(a) (with art. 5(4)(5))
Modifications etc. (not altering text)
C1S. 143C applied (with modifications) by S.I. 2013/1582, Sch. 11(2B) (as inserted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(12)(d))