163 Discharges for works purposes.E+W
(1)Subject to the following provisions of this section and to section 164 below, where the [F1Agency]—
(a)is carrying out, or is about to carry out, the construction, alteration, repair, cleaning, or examination of any reservoir, well, borehole or other work belonging to or used by the [F1Agency] for the purposes of, or in connection with, the carrying out of any of its functions; or
(b)is exercising or about to exercise any power conferred by section 159, 160 or 162(2) or (3) above,
the [F1Agency] may cause the water in any relevant pipe or in any such reservoir, well, borehole or other work to be discharged into any available watercourse.
(2)Nothing in this section shall authorise any discharge which—
(a)damages or injuriously affects the works or property of any railway company or navigation authority; or
(b)floods or damages any highway.
(3)If the [F1Agency] fails to take all necessary steps to secure that any water discharged by it under this section is as free as may be reasonably practicable from—
(a)mud and silt;
(b)solid, polluting, offensive or injurious substances; and
(c)any substances prejudicial to fish or spawn, or to spawning beds or food of fish,
it shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
(4)In this section—
“railway company” means the British Railways Board, London Regional Transport or any other person authorised by any enactment, or by any order, rule or regulation made under any enactment, to construct, work or carry on a railway; and
“relevant pipe” has the same meaning as in section 159 above.
Textual Amendments
F1Words in s. 163 substituted (subject to the other provisions of the amending Act) (1.4.1996) by 1995 c. 25, s. 120, Sch. 22 para. 128 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3