Water Resources Act 1991

197 Provision of information about water flow etc. E+W

(1) It shall be the duty of the [F1 appropriate agency] —

(a) to provide a water undertaker with all such information to which this section applies as is in the possession of the [F1 appropriate agency] and is reasonably requested by the undertaker for purposes connected with the carrying out of its functions; and

(b) to provide reasonable facilities to all persons—

(i) for the inspection of the contents of any records kept by the [F1 appropriate agency] and containing information to which this section applies; and

(ii) for the taking of copies of, or of extracts from, any such records.

(2) It shall be the duty of every water undertaker to provide the [F1 appropriate agency] with all such information to which this section applies as is in the possession of the undertaker and is reasonably requested by the [F1 appropriate agency] for purposes connected with the carrying out of any of its functions.

(3) Where records of the flow, level or volume of any inland waters, other than discrete waters, are kept by a person other than a water undertaker, the [F1 appropriate agency] shall have the right at all reasonable times—

(a) to inspect the contents of any of those records; and

(b) to take copies of, or of extracts from, the contents of any of those records;

and any person who, without reasonable excuse, refuses or fails to permit the [F1 appropriate agency] to exercise its right under this subsection shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 1 on the standard scale.

(4) Information provided to a water undertaker or to the [F1 appropriate agency] under subsection (1) or (2) above shall be provided in such form and in such manner and at such times as the undertaker or, as the case may be, the [F1 appropriate agency] may reasonably require; and the duties of the [F1 appropriate agency] under subsection (1) above shall extend to information provided to or obtained by the [F1 appropriate agency] under subsection (2) or (3) above.

(5) Information or facilities provided under subsection (1) or (2) above to the [F1 appropriate agency] , to a water undertaker, to a local authority or joint planning board, or to an internal drainage board, shall be provided free of charge; and facilities provided under subsection (1) above to other persons may be provided on terms requiring the payment by persons making use of the facilities of such reasonable charges as the may determine.

(6) The duties of a water undertaker under subsection (2) above shall be enforceable under section 18 of the M1 Water Industry Act 1991 by the Secretary of State.

(7) This section applies to information about the flow, level or volume of any inland waters or any water contained in underground strata, about rainfall or any fall of snow, hail or sleet or about the evaporation of any water.

Textual Amendments

F1 Words in ss. 189-197 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 299 (with Sch. 7)

Marginal Citations

M1 1991 c. 56.