Part VII E+W+S Land and Works Powers

Modifications etc. (not altering text)

C1 Pt. VII (ss. 154-186): Transfer of functions (1.4.1996) to the Agency by 1995 c. 25, s. 2(1)(a)(iv) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

chapter III E+W PROVISIONS SUPPLEMENTAL TO LAND AND WORK POWERS

Interpretation of Part VII E+W

186 Interpretation of Part VII. E+W

(1) In this Part—

• “discharge pipe” means a pipe from which discharges are or are to be made under section 163 above;

• [F1 “relevant transferred functions” means any functions which—

  (a)

  were exercisable by the Agency before 1 April 2013, and

  (b)

  are functions of the NRBW by virtue of the Natural Resources Body for Wales (Functions) Order 2013,

  but this is subject to subsection (1A).]

• “resource main” means any pipe, not being a trunk main within the meaning of the M1 Water Industry Act 1991, which is or is to be used for the purpose of—

(a) conveying water from one source of supply to another, from a source of supply to a regulating reservoir or from a regulating reservoir to a source of supply; or

(b) giving or taking a supply of water in bulk.

[F2 (1A) For the purposes of the definition of “relevant transferred functions”—

(a) a function of the Agency was exercisable before 1 April 2013 whether or not the enactment conferring it had come into force before that date, but

(b) a function is only a relevant transferred function when the enactment conferring the Agency function transferred to or conferred on the NRBW has come into force.]

(2) In subsection (1) above—

• “source of supply” shall be construed without reference to the definition of that expression in section 221 below; and

• “supply of water in bulk” has the same meaning as in section 3 above.

(3) The powers conferred by Chapter I of this Part shall be without prejudice to the powers conferred on the Agency [F3 or on the NRBW] by any other enactment or by any agreement.

Textual Amendments

F1 Words in s. 186(1) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 297(2) (with Sch. 7)

F2 S. 186(1A) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 297(3) (with Sch. 7)

F3 Words in s. 186(3) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 297(4) (with Sch. 7)

Marginal Citations

M1 1991 c. 56.