Part IXE+W MISCELLANEOUS AND SUPPLEMENTAL

MiscellaneousE+W

207 Directions in the interests of national security etc.E+W

(1)The Secretary of State may, after consultation with the [F1appropriate agency], give to the [F1appropriate agency] such directions of a general character as appear to the Secretary of State to be requisite or expedient in the interests of national security or for the purpose of mitigating the effects of any civil emergency which may occur.

(2)If it appears to the Secretary of State to be requisite or expedient to do so in the interests of national security or for the purpose of mitigating the effects of any civil emergency which has occurred or may occur, he may, after consultation with the [F1appropriate agency], give to the [F1appropriate agency] a direction requiring it to do, or not to do, a particular thing specified in the direction.

(3)The duty of the [F1appropriate agency] to comply with a direction under this section is a duty which has effect notwithstanding any other duty imposed on it (whether or not by or under this Act).

(4)The Secretary of State shall lay before each House of Parliament a copy of every direction given under this section unless he is of the opinion that disclosure of the direction is against the interests of national security.

(5)A person shall not disclose, or be required by virtue of any enactment or otherwise to disclose, anything done by virtue of this section if the Secretary of State has notified him that the Secretary of State is of the opinion that disclosure of that thing is against the interests of national security.

(6)Any person who discloses any matter in contravention of subsection (5) above shall be guilty of an offence and liable, on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

(7)Any reference in this section to a civil emergency is a reference to any natural disaster or other emergency which, in the opinion of the Secretary of State, is or may be likely, in relation to any area—

(a)so to disrupt water supplies or sewerage services; or

(b)to involve such destruction of or damage to life or property in that area,

as seriously and adversely to affect all the inhabitants of that area, or a substantial number of them, whether by depriving them of any of the essentials of life or otherwise.

(8)In this section “sewerage services” has the same meaning as in the M1Water Industry Act 1991.

Textual Amendments

Marginal Citations

208[F2Civil liability of the Agency or NRBW for escapes of water etc]E+W

(1)Where an escape of water, however caused, from a pipe vested in the Agency [F3or the NRBW] causes loss or damage, the Agency [F4or, as the case may be, the NRBW,] shall be liable, except as otherwise provided in this section, for the loss or damage.

(2)The Agency [F5or the NRBW] shall not incur any liability under subsection (1) above if the escape was due wholly to the fault of the person who sustained the loss or damage or of any servant, agent or contractor of his.

(3)The Agency [F6or the NRBW] shall not incur any liability under subsection (1) above in respect of any loss or damage for which the Agency [F6or the NRBW] would not be liable apart from that subsection and which is sustained—

(a)by any water undertaker or sewerage undertaker or by any statutory undertakers, within the meaning of section 336(1) of the M2Town and Country Planning Act 1990;

(b)by any public gas supplier within the meaning of Part I of the M3Gas Act 1986 or the holder of a licence under section 6(1) of the M4Electricity Act 1989;

(c)by any highway authority; or

(d)by any person on whom a right to compensation is conferred by section 82 of the M5New Roads and Street Works Act 1991.

(4)The M6Law Reform (Contributory Negligence) Act 1945, the M7Fatal Accidents Act 1976 and the M8Limitation Act 1980 shall apply in relation to any loss or damage for which the Agency [F7or the NRBW] is liable under this section, but which is not due to the Agency’s [F8or the NRBW's] fault, as if it were due to its fault.

(5)Nothing in subsection (1) above affects any entitlement which the Agency [F9or the NRBW] may have to recover contribution under the M9Civil Liability (Contribution) Act 1978; and for the purposes of that Act, any loss for which the Agency [F9or the NRBW] is liable under that subsection shall be treated as if it were damage.

(6)Where the Agency [F10or the NRBW] is liable under any enactment or agreement passed or made before 1st April 1982 to make any payment in respect of any loss or damage the Agency [F10or the NRBW] shall not incur liability under subsection (1) above in respect of the same loss or damage.

(7)In this section “fault” has the same meaning as in the M10Law Reform (Contributory Negligence) Act 1945.

(8)Until the coming into force of section 82 of the M11New Roads and Street Works Act 1991, subsection (3) above shall have effect as if for paragraph (d) there were substituted the following paragraphs—

“(d)by any bridge authority, bridge managers, street authority or street managers within the meaning of the M12Public Utilities Street Works Act 1950; or

(e)by any person on whom a right to compensation under section 26 of that Act of 1950 is conferred.”;but nothing in this section shall be taken to prejudice the power of the Secretary of State under that Act of 1991 to make an order bringing section 82 of that Act into force on different days for different purposes (including the purposes of this section).

Textual Amendments

Modifications etc. (not altering text)

C1S. 208(3)(b) amended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(2)(n); S.I. 1996/218, art. 2

Marginal Citations

209 Evidence of samples and abstractions.E+W

F11(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Where, in accordance with the provisions contained in a licence in pursuance of paragraph (b) of subsection (2) of section 46 above, or in pursuance of that paragraph as read with subsection (6) of that section, it has been determined what quantity of water is to be taken—

(a)to have been abstracted during any period from a source of supply by the holder of the licence; or

(b)to have been so abstracted at a particular point or by particular means, or for use for particular purposes,

that determination shall, for the purposes of any proceedings under Chapter II of Part II of this Act or any of the related water resources provisions, be conclusive evidence of the matters to which it relates.

F11(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11S. 209(1)(2)(4) repealed (1.4.1996) by 1995 c. 25, ss. 111(1)(c), 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3 (with art. 4)

ByelawsE+W

210 Byelaw-making powers of the [F12appropriate agency].E+W

(1)Schedule 25 to this Act shall have effect for conferring powers on the [F13appropriate agency] to make byelaws for purposes connected with the carrying out of its functions.

(2)Schedule 26 to this Act shall have effect in relation to byelaws made by the [F13appropriate agency], whether by virtue of subsection (1) above or by virtue of any other enactment.

[F14(3)Schedule 27 to this Act (emergency fisheries byelaws) shall have effect.]

Textual Amendments

211 Enforcement of byelaws.E+W

(1)If any person contravenes any byelaws made by virtue of paragraph 1 of Schedule 25 to this Act, he shall be guilty of an offence and liable, on summary conviction—

(a)to a fine not exceeding level 1 on the standard scale; and

(b)if the contravention is continued after conviction, to a fine not exceeding £5 for each day on which it is so continued.

(2)Byelaws made by virtue of paragraph 2 or 3 of that Schedule may contain provision providing for a contravention of the byelaws to constitute a summary offence punishable, on summary conviction, by a fine not exceeding level 5 on the standard scale or such smaller sum as may be specified in the byelaws.

(3)A person who contravenes any byelaws made by virtue of paragraph 4 or 6 of that Schedule shall be guilty of an offence and liable, on summary conviction,

[F15(a)in the case of byelaws made by virtue of paragraph 4, to a fine not exceeding level 4 on the standard scale or such smaller sum as may be specified in the byelaws;

(b)in the case of byelaws made by virtue of paragraph 6, to a fine not exceeding £50,000.]

(4)If any person acts in contravention of any byelaw made by virtue of paragraph 5 of that Schedule he shall be guilty of an offence and liable, on summary conviction—

(a)to a fine not exceeding level 5 on the standard scale; and

(b)if the contravention is continued after conviction, to a further fine not exceeding £40 for each day on which it is so continued.

(5)Without prejudice to any proceedings by virtue of subsection (1) or (4) above, the [F13appropriate agency] may—

(a)take such action as it considers necessary to remedy the effect of any contravention of byelaws made by virtue of paragraph 1 of Schedule 25 to this Act;

(b)take such action as may be necessary to remedy the effect of any person’s contravention of byelaws made by virtue of paragraph 5 of that Schedule; and

(c)recover the expenses reasonably incurred by the [F13appropriate agency] in taking any action under paragraph (a) or (b) above from the person in default.

(6)So much of the M13Salmon and Freshwater Fisheries Act 1975 as makes provision with respect to or by reference to offences under that Act shall have effect as if an offence consisting in a contravention of byelaws made by virtue of paragraph 6 of Schedule 25 to this Act were an offence under that Act.

(7)Section 70 above shall apply in relation to any restrictions imposed by byelaws made by virtue of paragraph 1 of Schedule 25 to this Act as it applies in relation to restrictions imposed by the provisions of Chapter II of Part II of this Act which are mentioned in that section; and sections 100 and 101 above shall have effect in relation to contraventions of byelaws made by virtue of paragraph 4 of that Schedule as they have effect in relation to contraventions of provisions of Part III of this Act.

Textual Amendments

Modifications etc. (not altering text)

C2S. 211 excluded (1.7.1999) by S.I. 1999/1746, art. 4(1); S.I. 1998/3178, art. 3

Marginal Citations

212 Compensation in respect of certain fisheries byelaws.E+W

(1)Where—

(a)the owner or occupier of any fishery by notice to the [F13appropriate agency] claims that the fishery is injuriously affected by a byelaw made for any of the purposes specified in subsection (2) below; and

(b)that claim is made at any time before the end of twelve months after the confirmation of the byelaw,

[F16the [F13appropriate agency] may pay that person such amount by way of compensation as it considers appropriate. ]

(2)The purposes mentioned in subsection (1)(a) above are the following purposes specified in paragraph 6(2) of Schedule 25 to this Act, that is to say—

(a)prohibiting the use for taking [F17any fish to which paragraph 6 of that Schedule applies] of any instrument F18... in such waters and at such times as are prescribed by the byelaw;

(b)specifying the nets and other instruments F19... which may be used for taking [F20 any such fish] and imposing requirements as to the use of such nets and other instruments;

(c)imposing requirements as to the construction, design, material and dimensions of any such nets or instruments, including in the case of nets the size of mesh.

F21(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Expressions used in this section and in the Salmon and Freshwater Fisheries Act 1975 have the same meanings in this section as in that Act.

Textual Amendments

Local inquiriesE+W

F22213. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F22S. 213 repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 174, Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3 (with art. 4)

F23214. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F23S. 214 repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 174, Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3 (with art. 4)

F24215. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F24S. 215 repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 174, Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3 (with art. 4)

Offences etc.E+W

216 Enforcement: powers and duties.E+W

(1)Without prejudice to its powers of enforcement in relation to the other provisions of this Act, it shall be the duty of the [F13appropriate agency] to enforce the provisions to which this section applies.

(2)No proceedings for any offence under any provision to which this section applies shall be instituted except—

(a)by the [F13appropriate agency]; or

(b)by, or with the consent of, the Director of Public Prosecutions.

(3)This section applies to Chapter II of Part II of this Act and the related water resources provisions.

Textual Amendments

Modifications etc. (not altering text)

217 Criminal liabilities of directors and other third parties.E+W

(1)Where a body corporate is guilty of an offence under this Act [F25or under section 4 of the Water Act 2003 ] and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, then he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(2)Where the affairs of a body corporate are managed by its members, subsection (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

(3)Without prejudice to subsections (1) and (2) above, where the commission by any person of an offence under the water pollution provisions of this Act is due to the act or default of some other person, that other person may be charged with and convicted of the offence whether or not proceedings for the offence are taken against the first-mentioned person.

Textual Amendments

F25Words in s. 217(1) inserted (1.4.2006) by Water Act 2003 (c. 37), s. 105(3), Sch. 7 para. 12; S.I. 2006/984, art. 2(s)(i)

Judicial disqualificationE+W

F26218. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F26S. 218 repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 175, Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3 (with art. 4)

Powers to make regulationsE+W

219 Powers to make regulations.E+W

(1)Any power of one or both of the Ministers to make regulations under any provision of this Act shall be exercisable by statutory instrument subject (except in the case of regulations made by virtue of paragraph 1(3) of Schedule 15 to this Act) to annulment in pursuance of a resolution of either House of Parliament.

(2)F27. . . The provisions of any regulations made by one or both the Ministers under this Act may include-

(a)provision for any duty or other requirement imposed by the regulations on a water undertaker or sewerage undertaker to be enforceable under section 18 of the M14Water Industry Act 1991 by the Secretary of State, by [F28 the Water Services Regulation Authority ] or by either of them;

(b)provision, where such a duty or requirement is so enforceable by either of them, for enforcement by [F29 the Water Services Regulation Authority ] to be subject to such consent or authorisation as may be prescribed;

(c)provision which, in relation to the furnishing of any information or the making of any application under the regulations, makes provision corresponding to section 206(1) and (5) above;

(d)provision for anything that may be prescribed by the regulations to be determined under the regulations and for anything falling to be so determined to be determined by such persons, in accordance with such procedure and by reference to such matters, and to the opinion of such persons, as may be prescribed;

(e)different provision for different cases, including different provision in relation to different persons, circumstances or localities; and

(f)such supplemental, consequential and transitional provision as the Minister or Ministers exercising the power considers or consider appropriate.

F30(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F27Words in s. 219(2) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 176(a), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3 (with art. 4)

F28Words in s. 219(2)(a) substituted (1.4.2006) by Water Act 2003 (c. 37), s. 105(3), Sch. 7 para. 28(4); S.I. 2005/2714, art. 4(f) (with Sch. para. 8)

F29Words in s. 219(2)(b) substituted (1.4.2006) by Water Act 2003 (c. 37), s. 105(3), Sch. 7 para. 28(4); S.I. 2005/2714, art. 4(f) (with Sch. para. 8)

F30S. 219(3) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 176(b), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3 (with art. 4)

Marginal Citations

Construction of ActE+W

220 Provisions relating to service of documents.E+W

(1)Any document required or authorised by virtue of this Act to be served on any person may be served—

(a)by delivering it to him or by leaving it at his proper address or by sending it by post to him at that address; or

(b)if the person is a body corporate, by serving it in accordance with paragraph (a) above on the secretary or clerk of that body; or

(c)if the person is a partnership, by serving it in accordance with paragraph (a) above on a partner or a person having the control or management of the partnership business.

(2)For the purposes of this section and section 7 of the M15Interpretation Act 1978 (which relates to the service of documents by post) in its application to this section, the proper address of any person on whom a document is to be served shall be his last known address, except that—

(a)in the case of service on a body corporate or its secretary or clerk, it shall be the address of the registered or principal office of the body;

(b)in the case of service on a partnership or a partner or a person having the control or management of a partnership business, it shall be the address of the principal office of the partnership;

and for the purposes of this subsection the principal office of a company registered outside the United Kingdom, or of a partnership carrying on business outside the United Kingdom, is its principal office within the United Kingdom.

(3)If a person to be served by virtue of this Act with any document by another has specified to that other an address within the United Kingdom other than his proper address (as determined in pursuance of subsection (2) above) as the one at which he or someone on his behalf will accept documents of the same description as that document, that address shall also be treated as his proper address for the purposes of this section and for the purposes of the said section 7 in its application to this section.

(4)Where under any provision of this Act any document is required to be served on the owner, on a lessee or on the occupier of any premises then—

(a)if the name or address of the owner, of the lessee or, as the case may be, of the occupier of the premises cannot after reasonable inquiry be ascertained; or

(b)in the case of service on the occupier, if the premises appear to be or are unoccupied,

that document may be served either by leaving it in the hands of a person who is or appears to be resident or employed on the land or by leaving it conspicuously affixed to some building or object on the land.

(5)This section shall not apply to any document in relation to the service of which provision is made by rules of court.

Modifications etc. (not altering text)

C4S. 220 applied (21.7.1994) by 1994 c. xiii, s. 29(4)

Marginal Citations

221 General interpretation.E+W

(1)In this Act, except in so far as the context otherwise requires—

[F58(1A)For the purposes of the definition of “the appropriate agency” in subsection (1), “Wales” has the meaning given by section 158 of the Government of Wales Act 2006.]

(2)References in this Act to a pipe, including references to a main, a drain or a sewer, shall include references to a tunnel or conduit which serves or is to serve as the pipe in question and to any accessories for the pipe; and, accordingly, references to the laying of a pipe shall include references to the construction of such a tunnel or conduit, to the construction or installation of any such accessories and to the making of a connection between one pipe and another.

(3)Any reference in this Act to water contained in underground strata is a reference to water so contained otherwise than in a sewer, pipe, reservoir, tank or other underground works constructed in any such strata; but for the purposes of this Act water for the time being contained in—

(a)a well, borehole or similar work, including any adit or passage constructed in connection with the well, borehole or work for facilitating the collection of water in the well, borehole or work; or

(b)any excavation into underground strata, where the level of water in the excavation depends wholly or mainly on water entering it from those strata,

shall be treated as water contained in the underground strata into which the well, borehole or work was sunk or, as the case may be, the excavation was made.

(4)Until the coming into force of Part III of the M28New Roads and Street Works Act 1991, the definition of “street” in subsection (1) above shall have effect as if the reference to that Part were a reference to the M29Public Utilities Street Works Act 1950; but nothing in this section shall be taken—

(a)to prejudice the power of the Secretary of State under that Act of 1991 to make an order bringing Part III of that Act into force on different days for different purposes (including the purposes of this section); or

(b)in the period before the coming into force of that Part, to prevent references in this Act to a street, where the street is a highway which passes over a bridge or through a tunnel, from including that bridge or tunnel.

(5)For the purposes of any provision of this Act by or under which power is or may be conferred on any person to recover the expenses incurred by that person in doing anything, those expenses shall be assumed to include such sum as may be reasonable in respect of establishment charges or overheads.

(6)References in this Act to the later or latest of two or more different times or days are, in a case where those times or days coincide, references to the time at which or, as the case may be, the day on which they coincide.

(7)For the purposes of this Act—

(a)references in this Act to more than one Minister of the Crown, in relation to anything falling to be done by those Ministers, are references to those Ministers acting jointly; and

(b)any provision of this Act by virtue of which any function of a Minister of the Crown is exercisable concurrently by different Ministers, shall have effect as providing for that function also to be exercisable jointly by any two or more of those Ministers.

(8)Sub-paragraph (1) of paragraph 1 of Schedule 2 to the M30Water Consolidation (Consequential Provisions) Act 1991 has effect (by virtue of sub-paragraph (2)(b) of that paragraph) so that references in this Act to things done under or for the purposes of provisions of this Act, the M31Water Industry Act 1991 or the M32Land Drainage Act 1991 include references to things done, or treated as done, under or for the purposes of the corresponding provisions of the law in force before the commencement of this Act.

(9)Subject to any provision to the contrary which is contained in Schedule 26 to the M33Water Act 1989 or in the M34Water Consolidation (Consequential Provisions) Act 1991, nothing in any local statutory provision passed or made before 1st September 1989 shall be construed as relieving any water undertaker or sewerage undertaker from any liability arising by virtue of this Act in respect of any act or omission occurring on or after that date.

Textual Amendments

F31Words in s. 221(1) inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 177(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3 (with art. 4)

F32Words in s. 221 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 113 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F33Words in s. 221(1) inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 177(3) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3 (with art. 4)

F35Words in s. 221(1) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 177(4), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3 (with art. 4)

F36Words in s. 221(1) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 177(5), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3 (with art. 4)

F39Words in s. 221(1) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 177(7) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3 (with art. 4)

F43Words in s. 221(1) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 177(8) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3 (with art. 4)

F44Words in s. 221(1) repealed (17.3.2004 for E., 1.4.2004 for W.) by Water Act 2003 (c. 37), ss. 69(4), 105(3), Sch. 9 Pt. 3; S.I. 2004/641, art. 2(a)(d); S.I. 2004/910, art. 2(1)(b)

F46Words in s. 221(1) substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 90(a) (with s. 312(1))

F47Words in s. 221(1) substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 90(b) (with s. 312(1))

F51Words in s. 221(1) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 177(9) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3 (with art. 4)

F54Words in s. 221(1) inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 177(10)(a)(i) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3 (with art. 4)

F55Words in s. 221(1) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 177(10)(a)(ii) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3 (with art. 4)

F56Words in s. 221(1) added (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 177(10)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3 (with art. 4)

Modifications etc. (not altering text)

C7S. 221(1): definition applied (01.12.1991) by Land Drainage Act 1991 (c. 59, SIF 73:1), ss. 61(2), 67(2)(6), 76(2).

Marginal Citations

Other supplemental provisionsE+W

F59[222 Crown application.E+W

(1)Subject to the provisions of this section, this Act binds the Crown.

(2)No contravention by the Crown of any provision made by or under this Act shall make the Crown criminally liable; but the High Court may, on the application of the [F60appropriate body], declare unlawful any act or omission of the Crown which constitutes such a contravention.

(3)Notwithstanding anything in subsection (2) above, the provisions of this Act shall apply to persons in the public service of the Crown as they apply to other persons.

(4)If the Secretary of State certifies that it appears to him, as respects any Crown premises and any powers of entry exercisable in relation to them specified in the certificate, that it is requisite or expedient that, in the interests of national security, the powers should not be exercisable in relation to those premises, those powers shall not be exercisable in relation to those premises.

(5)Subject to subsection (4) above, the powers conferred by sections 154, 156, 160, 162(3) and 168 above shall be exercisable in relation to land in which there is a Crown or Duchy interest only with the consent of the appropriate authority.

(6)Nothing in this section shall be taken as in any way affecting Her Majesty in her private capacity; and this subsection shall be construed as if section 38(3) of the M35Crown Proceedings Act 1947 (interpretation of references to Her Majesty in her private capacity) were contained in this Act.

(7)Nothing in this Act, as read with the other provisions of this section, shall be construed as conferring any power of levying drainage charges in respect of lands below the high-water mark of ordinary spring tides.

(8)Section 74 of the M36Land Drainage Act 1991 (Crown application), so far as it relates to land in which there is a Crown or Duchy interest, shall apply in relation to the flood defence provisions of this Act as it applies in relation to that Act; but nothing in this subsection shall affect any power conferred by this Act for the purposes both of the Agency’s [F61or the NRBW's] functions under those provisions and of other functions of the Agency [F62or the NRBW].

(9)In this section—

(10)The provisions of subsection (3) of section 293 of the M38Town and Country Planning Act 1990 (questions relating to Crown application) as to the determination of questions shall apply for the purposes of this section.]

[F64(11)This section shall apply in relation to sections 3, 4 and 10 of the Water Act 2003 as it applies in relation to the provisions of this Act.]

Textual Amendments

F59S. 222 substituted (1.7.1997 for certain purposes and otherwise prosp.) by 1995 c. 25, ss. 116, 125(2), Sch. 21 Pt. I para. 2(4) (with ss. 7(6), 115, 117); S.I. 1997/1626, art. 2 (with transitional provisions in art. 3)

Modifications etc. (not altering text)

C8S. 222 (as in force immediately before the substitution made by 1995 c. 25, Sch. 21 para. 2(4) and for so long as the substituted s. 222 does not apply to Pt. 2 of this Act) applied (1.4.2006) by Water Act 2003 (c. 37), ss. 33(3)(e), 105(3); S.I. 2006/984, art. 2(p)

Marginal Citations

223 Exemption for visiting forces.E+W

(1)Chapter II of Part II of this Act and the related water resources provisions shall not apply—

(a)to anything done by a member of a visiting force in his capacity as a member of that force; or

(b)to any land occupied by or for the purposes of a visiting force.

(2)In this section “visiting force” means any such body, contingent or detachment of the forces of any country as is a visiting force for the purposes of any of the provisions of the M39Visiting Forces Act 1952.

Marginal Citations

F65[224 Application to the Isles of Scilly.E+W

(1)Subject to the provisions of any order under this section, this Act shall not apply in relation to the Isles of Scilly.

(2)The Secretary of State may, after consultation with the Council of the Isles of Scilly, by order provide for the application of any provisions of this Act to the Isles of Scilly; and any such order may provide for the application of those provisions to those Isles with such modifications as may be specified in the order.

(3)An order under this section may—

(a)make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and

(b)contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate, including provision saving provision repealed by or under any enactment.

(4)The power of the Secretary of State to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F65S. 224 substituted (1.2.1996 in so far as it confers power to make an order or make provision in relation to the exercise of that power and 1.4.2020 in so far as not already in force) by 1995 c. 25, ss. 118(5), 125(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2 (with art. 4); S.I. 2020/216, art. 2

225 Short title, commencement and extent.E+W

(1)This Act may be cited as the Water Resources Act 1991.

(2)This Act shall come into force on 1st December 1991.

(3)Subject to subsections (4) to (6) of section 2 and to section 224 above, to the extension of section 166(3) above to Scotland and to the extension, by virtue of any other enactment, of any provision of this Act to the territorial sea, this Act extends to England and Wales only.

(4)Nothing in this Act, so far as it extends to Scotland, shall authorise the [F66Agency] to acquire any land in Scotland compulsorily.

Textual Amendments

F66Word in s. 225 substituted (subject to other provisions of the amending Act) (1.4.1996) by 1995 c. 25, s. 120, Sch. 22 para. 128 (wth ss. 7(6), 115, 117); S.I. 1996/186, art. 3