Part VIIIINFORMATION PROVISIONS

Provision and acquisition of information etc.

197 Provision of information about water flow etc.

(1)

It shall be the duty of the F1Agency—

(a)

to provide a water undertaker with all such information to which this section applies as is in the possession of the F1Agency 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 F1Agency 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 F1Agency with all such information to which this section applies as is in the possession of the undertaker and is reasonably requested by the F1Agency 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 F1Agency 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 F1Agency 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 F1Agency 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 F1Agency may reasonably require; and the duties of the F1Agency under subsection (1) above shall extend to information provided to or obtained by the F1Agency under subsection (2) or (3) above.

(5)

Information or facilities provided under subsection (1) or (2) above to the F1Agency, 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 M1Water 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.