Water Resources Act 1991

118 Special duties with respect to flood defence revenue.E+W

(1)Revenue raised by the [F1appropriate agency] as mentioned in subsection (2) below—

(a)shall, except for any amount falling within subsection (3) below, be spent only in the carrying out of the [F2appropriate agency's] [F3flood and coastal erosion risk management functions, within the meaning of Part 1 of the Flood and Water Management Act 2010,] in or for the benefit of the [F4flood risk management region] in which it is raised; F5...

(b)[F6where the appropriate agency is the Agency,] shall be disregarded in determining the amount of any surplus for the purposes of section 44(4) ofthe 1995 Act[F7; and]

[F8(c)where the appropriate agency is the NRBW, shall be disregarded in determining the amount of any surplus for the purposes of article 13 of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I.2012/1903).]

(2)The revenue referred to in subsection (1) above is revenue raised by the [F9appropriate agency] in a [F10flood risk management region ]—

(a)by virtue of any regulations under section 74 of the M1Local Government Finance Act 1988 (power to issue levies);

(b)by general drainage charges under sections 134 [F11and 135] below;

(c)by special drainage charges under sections 137 and 138 below; or

(d)by contributions required under section 139(1) below.

(3)An amount falls within this subsection if it is an amount which the [F12appropriate agency] considers it appropriate—

(a)to set aside towards research or related activities or towards meeting the [F12appropriate agency's] administrative expenses; F13...

F13(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Any amount specified in a resolution under section 58(1)(b) of the M2Land Drainage Act 1991 in relation to any [F14flood risk management region] (allocation of revenue in lieu of contributions) shall be treated for the purposes of this section as if it were revenue actually raised by contributions required under section 139(1) below.

(5)For the purposes of this section, the following sums, that is to say—

(a)any sums held by the [F15appropriate agency] by virtue of any transfer of property, rights or liabilities from a water agency in accordance with a scheme under Schedule 2 to the M3Water Act 1989, in so far as those sums represent amounts which the water agency was required by virtue of paragraph 31 of Schedule 3 to the M4Water Act 1973 to spend only in the discharge of their land drainage functions in or for the benefit of a particular local land drainage district; and

(b)any sums raised by the [F15appropriate agency] in a [F16flood risk management region] by virtue of a precept issued under section 46 of the M5Land Drainage Act 1976,

shall be treated as revenue raised by the [F15appropriate agency] as mentioned in subsection (2) above in the corresponding [F17flood risk management region] or, as the case may be, in that local flood defence district.

F18(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F19(7)In this section “flood risk management region” means the region of a Regional Flood and Coastal Committee, within the meaning of section 22 of the Flood and Water Management Act 2010.]

Textual Amendments

F11Words in s. 118(2)(b) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22, para. 150(3) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F13S. 118(3)(b) and word omitted (1.4.2011) by virtue of Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 2 para. 43(4) (with s. 49(1)(6)); S.I. 2011/694, art. 3(g)

Modifications etc. (not altering text)

Marginal Citations