“(1A)

This section is subject to section 114 of the 1995 Act (delegation or reference of appeals etc).”

“79A Drought permits.

(1)

If the Agency is satisfied that, by reason of an exceptional shortage of rain, a serious deficiency of supplies of water in any area exists or is threatened then, subject to the following provisions of this section, it may, upon the application of a water undertaker which supplies water to premises in that area, issue to that undertaker a drought permit making such provision authorised by this section as appears to the Agency to be expedient with a view to meeting the deficiency.

(2)

A drought permit may contain any of the following provisions, that is to say—

(a)

provision authorising the water undertaker to which it is issued to take water from any source specified in the permit subject to any conditions or restrictions so specified;

(b)

provision suspending or modifying, subject to any conditions specified in the permit, any restriction or obligation to which that undertaker is subject as respects the taking of water from any source.

(3)

A drought permit shall specify—

(a)

the day on which it comes into force; and

(b)

the period for which, subject to subsections (4) and (5) below, any authorisation given, or suspension or modification effected, by the permit is to have effect.

(4)

Subject to subsection (5) below, the period for which—

(a)

an authorisation given by a drought permit, or

(b)

a suspension or modification effected by such a permit,

has effect shall expire before the end of the period of six months beginning with the day on which the permit comes into force.

(5)

At any time before the expiration of the period for which such an authorisation, suspension or modification has effect, the Agency may, by giving notice to the water undertaker to which the permit in question was issued, extend that period, but not so as to extend it beyond the end of the period of one year beginning with the day on which the permit came into force.

(6)

A drought permit which—

(a)

authorises the taking of water from a source from which water is supplied to an inland navigation; or

(b)

suspends or modifies—

(i)

a restriction as respects the taking of water from a source from which water is supplied to an inland navigation; or

(ii)

an obligation to discharge compensation water into a canal or into any river or stream which forms part of, or from which water is supplied to, an inland navigation,

shall not be issued without the consent of every navigation authority exercising functions over any or all of the parts of the canal or inland navigation in question which are affected by the permit.

(7)

Schedule 8 to this Act shall have effect with respect to the procedure on an application for a drought permit as it has effect with respect to the procedure on an application for a drought order, but with the following modifications, that is to say—

(a)

with the substitution for any reference to a drought order of a reference to a drought permit;

(b)

with the substitution for any reference to the Secretary of State of a reference to the Agency;

(c)

with the omission of the reference to the Agency in the Table in paragraph 1;

(d)

with the insertion, in paragraph 1(3)(c), of a requirement that the notice in question shall specify the address at which any objections are to be made to the Agency; and

(e)

with the omission—

(i)

of paragraph 2(1)(a) and the word “either” immediately preceding it, and

(ii)

of paragraph 2(6).

(8)

For the purposes of sections 125 to 129 below any water authorised by a drought permit to be abstracted from a source of supply shall be treated as if it had been authorised to be so abstracted by a licence granted under Chapter II of this Part, whether the water undertaker to which the permit is issued is the holder of such a licence or not.

(9)

Section 79 above and Schedule 9 to this Act shall apply in relation to drought permits and their issue as they apply in relation to ordinary drought orders and their making.

(10)

A drought permit may—

(a)

make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and

(b)

contain such supplemental, consequential and transitional provisions as the Agency considers appropriate.

(11)

In this section—

“compensation water” has the same meaning as in section 77 above;

“drought permit” means a drought permit under this section;

“inland navigation” has the same meaning as in section 77 above.”

“(3)

This section is subject to section 114 of the 1995 Act (delegation or reference of appeals etc).”

“(4)

This section is subject to section 114 of the 1995 Act (delegation or reference of appeals etc).”

“(6)

In this section “compulsorily acquired land”, in relation to the Agency, means any land of the Agency which—

(a)

was acquired by the Agency compulsorily under the provisions of section 154 above or of an order under section 168 below;

(b)

was acquired by the Agency at a time when it was authorised under those provisions to acquire the land compulsorily;

(c)

being land which has been transferred to the Agency from the Authority by section 3 of the 1995 Act, was acquired by the Authority—

(i)

compulsorily, under the provisions of section 154 above or of an order under section 168 below or under the provisions of section 151 of the M4Water Act 1989 or of an order under section 155 of that Act; or

(ii)

at a time when it was authorised under those provisions to acquire the land compulsorily;

(d)

being land—

(i)

which has been so transferred, and

(ii)

which was transferred to the Authority in accordance with a scheme under Schedule 2 to the M5Water Act 1989,

was acquired by a predecessor of the Authority compulsorily under so much of any enactment in force at any time before 1st September 1989 as conferred powers of compulsory acquisition; or

(e)

being land transferred as mentioned in sub-paragraphs (i) and (ii) of paragraph (d) above, was acquired by such a predecessor at a time when it was authorised to acquire the land by virtue of any such powers as are mentioned in that paragraph.”

“161A Notices requiring persons to carry out anti-pollution works and operations.

(1)

Subject to the following provisions of this section, where it appears to the Agency that any poisonous, noxious or polluting matter or any solid waste matter is likely to enter, or to be or to have been present in, any controlled waters, the Agency shall be entitled to serve a works notice on any person who, as the case may be,—

(a)

caused or knowingly permitted the matter in question to be present at the place from which it is likely, in the opinion of the Agency, to enter any controlled waters; or

(b)

caused or knowingly permitted the matter in question to be present in any controlled waters.

(2)

For the purposes of this section, a “works notice” is a notice requiring the person on whom it is served to carry out such of the following works or operations as may be specified in the notice, that is to say—

(a)

in a case where the matter in question appears likely to enter any controlled waters, works or operations for the purpose of preventing it from doing so; or

(b)

in a case where the matter appears to be or to have been present in any controlled waters, works or operations for the purpose—

(i)

of removing or disposing of the matter;

(ii)

of remedying or mitigating any pollution caused by its presence in the waters; or

(iii)

so far as it is reasonably practicable to do so, of restoring the waters, including any flora and fauna dependent on the aquatic environment of the waters, to their state immediately before the matter became present in the waters.

(3)

A works notice—

(a)

must specify the periods within which the person on whom it is served is required to do each of the things specified in the notice; and

(b)

is without prejudice to the powers of the Agency by virtue of section 161(1A)(a) above.

(4)

Before serving a works notice on any person, the Agency shall reasonably endeavour to consult that person concerning the works or operations which are to be specified in the notice.

(5)

The Secretary of State may by regulations make provision for or in connection with—

(a)

the form or content of works notices;

(b)

requirements for consultation, before the service of a works notice, with persons other than the person on whom that notice is to be served;

(c)

steps to be taken for the purposes of any consultation required under subsection (4) above or regulations made by virtue of paragraph (b) above; or

(d)

any other steps of a procedural nature which are to be taken in connection with, or in consequence of, the service of a works notice.

(6)

A works notice shall not be regarded as invalid, or as invalidly served, by reason only of any failure to comply with the requirements of subsection (4) above or of regulations made by virtue of paragraph (b) of subsection (5) above.

(7)

Nothing in subsection (1) above shall entitle the Agency to require the carrying out of any works or operations which would impede or prevent the making of any discharge in pursuance of a consent given under Chapter II of Part III of this Act.

(8)

No works notice shall be served on any person requiring him to carry out any works or operations in respect of water from an abandoned mine or an abandoned part of a mine which that person permitted to reach such a place as is mentioned in subsection (1)(a) above or to enter any controlled waters.

(9)

Subsection (8) above shall not apply to the owner or former operator of any mine or part of a mine if the mine or part in question became abandoned after 31st December 1999.

(10)

Subsections (3B) and (3C) of section 89 above shall apply in relation to subsections (8) and (9) above as they apply in relation to subsections (3) and (3A) of that section.

(11)

Where the Agency—

(a)

carries out any such investigations as are mentioned in section 161(1) above, and

(b)

serves a works notice on a person in connection with the matter to which the investigations relate,

it shall (unless the notice is quashed or withdrawn) be entitled to recover the costs or expenses reasonably incurred in carrying out those investigations from that person.

(12)

The Secretary of State may, if he thinks fit in relation to any person, give directions to the Agency as to whether or how it should exercise its powers under this section.

(13)

In this section—

“controlled waters” has the same meaning as in Part III of this Act;

“mine” has the same meaning as in the M6Mines and Quarries Act 1954.

161B Grant of, and compensation for, rights of entry etc.

(1)

A works notice may require a person to carry out works or operations in relation to any land or waters notwithstanding that he is not entitled to carry out those works or operations.

(2)

Any person whose consent is required before any works or operations required by a works notice may be carried out shall grant, or join in granting, such rights in relation to any land or waters as will enable the person on whom the works notice is served to comply with any requirements imposed by the works notice.

(3)

Before serving a works notice, the Agency shall reasonably endeavour to consult every person who appears to it—

(a)

to be the owner or occupier of any relevant land, and

(b)

to be a person who might be required by subsection (2) above to grant, or join in granting, any rights,

concerning the rights which that person may be so required to grant.

(4)

A works notice shall not be regarded as invalid, or as invalidly served, by reason only of any failure to comply with the requirements of subsection (3) above.

(5)

A person who grants, or joins in granting, any rights pursuant to subsection (2) above shall be entitled, on making an application within such period as may be prescribed and in such manner as may be prescribed to such person as may be prescribed, to be paid by the person on whom the works notice in question is served compensation of such amount as may be determined in such manner as may be prescribed.

(6)

Without prejudice to the generality of the regulations that may be made by virtue of subsection (5) above, regulations by virtue of that subsection may make such provision in relation to compensation under this section as may be made by regulations by virtue of subsection (4) of section 35A of the M7Environmental Protection Act 1990 in relation to compensation under that section.

(7)

In this section—

“prescribed” means prescribed in regulations made by the Secretary of State;

“relevant land” means—

(a)

any land or waters in relation to which the works notice in question requires, or may require, works or operations to be carried out; or

(b)

any land adjoining or adjacent to that land or those waters;

“works notice” means a works notice under section 161A above.

161C Appeals against works notices.

(1)

A person on whom a works notice is served may, within the period of twenty-one days beginning with the day on which the notice is served, appeal against the notice to the Secretary of State.

(2)

On any appeal under this section the Secretary of State—

(a)

shall quash the notice, if he is satisfied that there is a material defect in the notice; but

(b)

subject to that, may confirm the notice, with or without modification, or quash it.

(3)

The Secretary of State may by regulations make provision with respect to—

(a)

the grounds on which appeals under this section may be made; or

(b)

the procedure on any such appeal.

(4)

Regulations under subsection (3) above may (among other things)—

(a)

include provisions comparable to those in section 290 of the M8Public Health Act 1936 (appeals against notices requiring the execution of works);

(b)

prescribe the cases in which a works notice is, or is not, to be suspended until the appeal is decided, or until some other stage in the proceedings;

(c)

prescribe the cases in which the decision on an appeal may in some respects be less favourable to the appellant than the works notice against which he is appealing;

(d)

prescribe the cases in which the appellant may claim that a works notice should have been served on some other person and prescribe the procedure to be followed in those cases;

(e)

make provision as respects—

(i)

the particulars to be included in the notice of appeal;

(ii)

the persons on whom notice of appeal is to be served and the particulars, if any, which are to accompany the notice; or

(iii)

the abandonment of an appeal.

(5)

In this section “works notice” means a works notice under section 161A above.

(6)

This section is subject to section 114 of the 1995 Act (delegation or reference of appeals).

161D Consequences of not complying with a works notice.

(1)

If a person on whom the Agency serves a works notice fails to comply with any of the requirements of the notice, he shall be guilty of an offence.

(2)

A person who commits an offence under subsection (1) above shall be liable—

(a)

on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding £20,000 or to both;

(b)

on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both.

(3)

If a person on whom a works notice has been served fails to comply with any of the requirements of the notice, the Agency may do what that person was required to do and may recover from him any costs or expenses reasonably incurred by the Agency in doing it.

(4)

If the Agency is of the opinion that proceedings for an offence under subsection (1) above would afford an ineffectual remedy against a person who has failed to comply with the requirements of a works notice, the Agency may take proceedings in the High Court for the purpose of securing compliance with the notice.

(5)

In this section “works notice” means a works notice under section 161A above.”

“(4)

The powers conferred by this section shall not have effect for the purposes of any of the Agency’s pollution control functions, within the meaning of section 108 of the 1995 Act.”

“(3A)

The powers conferred by this section shall not have effect for the purposes of any of the Agency’s pollution control functions, within the meaning of section 108 of the 1995 Act.”

(a)

on summary conviction, to a fine not exceeding the statutory maximum;

(b)

on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.”

“191A Exclusion from registers of information affecting national security.

(1)

No information shall be included in a register kept or maintained by the Agency under any provision of this Act if and so long as, in the opinion of the Secretary of State, the inclusion in such a register of that information, or information of that description, would be contrary to the interests of national security.

(2)

The Secretary of State may, for the purpose of securing the exclusion from registers of information to which subsection (1) above applies, give to the Agency directions—

(a)

specifying information, or descriptions of information, to be excluded from their registers; or

(b)

specifying descriptions of information to be referred to the Secretary of State for his determination;

and no information referred to the Secretary of State in pursuance of paragraph (b) above shall be included in any such register until the Secretary of State determines that it should be so included.

(3)

The Agency shall notify the Secretary of State of any information it excludes from a register in pursuance of directions under subsection (2) above.

(4)

A person may, as respects any information which appears to him to be information to which subsection (1) above may apply, give a notice to the Secretary of State specifying the information and indicating its apparent nature; and, if he does so—

(a)

he shall notify the Agency that he has done so; and

(b)

no information so notified to the Secretary of State shall be included in any such register until the Secretary of State has determined that it should be so included.

191B Exclusion from registers of certain confidential information.

(1)

No information relating to the affairs of any individual or business shall, without the consent of that individual or the person for the time being carrying on that business, be included in a register kept or maintained by the Agency under any provision of this Act, if and so long as the information—

(a)

is, in relation to him, commercially confidential; and

(b)

is not required to be included in the register in pursuance of directions under subsection (7) below;

but information is not commercially confidential for the purposes of this section unless it is determined under this section to be so by the Agency or, on appeal, by the Secretary of State.

(2)

Where information is furnished to the Agency for the purpose of—

(a)

an application for a discharge consent or for the variation of a discharge consent,

(b)

complying with any condition of a discharge consent, or

(c)

complying with a notice under section 202 below,

then, if the person furnishing it applies to the Agency to have the information excluded from any register kept or maintained by the Agency under any provision of this Act, on the ground that it is commercially confidential (as regards himself or another person), the Agency shall determine whether the information is or is not commercially confidential.

(3)

A determination under subsection (2) above must be made within the period of fourteen days beginning with the date of the application and if the Agency fails to make a determination within that period it shall be treated as having determined that the information is commercially confidential.

(4)

Where it appears to the Agency that any information (other than information furnished in circumstances within subsection (2) above) which has been obtained by the Agency under or by virtue of any provision of any enactment might be commercially confidential, the Agency shall—

(a)

give to the person to whom or whose business it relates notice that that information is required to be included in a register kept or maintained by the Agency under any provision of this Act, unless excluded under this section; and

(b)

give him a reasonable opportunity—

(i)

of objecting to the inclusion of the information on the ground that it is commercially confidential; and

(ii)

of making representations to the Agency for the purpose of justifying any such objection;

and, if any representations are made, the Agency shall, having taken the representations into account, determine whether the information is or is not commercially confidential.

(5)

Where, under subsection (2) or (4) above, the Agency determines that information is not commercially confidential—

(a)

the information shall not be entered on the register until the end of the period of twenty-one days beginning with the date on which the determination is notified to the person concerned; and

(b)

that person may appeal to the Secretary of State against the decision;

and, where an appeal is brought in respect of any information, the information shall not be entered on the register until the end of the period of seven days following the day on which the appeal is finally determined or withdrawn.

(6)

Subsections (2A), (2C) and (2K) of section 91 above shall apply in relation to appeals under subsection (5) above; but—

(a)

subsection (2C) of that section shall have effect for the purposes of this subsection with the substitution for the words from “(which may” onwards of the words “(which must be held in private)”; and

(b)

subsection (5) above is subject to section 114 of the 1995 Act (delegation or reference of appeals etc).

(7)

The Secretary of State may give to the Agency directions as to specified information, or descriptions of information, which the public interest requires to be included in registers kept or maintained by the Agency under any provision of this Act notwithstanding that the information may be commercially confidential.

(8)

Information excluded from a register shall be treated as ceasing to be commercially confidential for the purposes of this section at the expiry of the period of four years beginning with the date of the determination by virtue of which it was excluded; but the person who furnished it may apply to the Agency for the information to remain excluded from the register on the ground that it is still commercially confidential and the Agency shall determine whether or not that is the case.

(9)

Subsections (5) and (6) above shall apply in relation to a determination under subsection (8) above as they apply in relation to a determination under subsection (2) or (4) above.

(10)

The Secretary of State may by regulations substitute (whether in all cases or in such classes or descriptions of case as may be specified in the regulations) for the period for the time being specified in subsection (3) above such other period as he considers appropriate.

(11)

Information is, for the purposes of any determination under this section, commercially confidential, in relation to any individual or person, if its being contained in the register would prejudice to an unreasonable degree the commercial interests of that individual or person.

(12)

In this section “discharge consent” has the same meaning as in section 91 above.”

(a)

on summary conviction, to a fine not exceeding the statutory maximum;

(b)

on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.”