SCHEDULES

SCHEDULE 22 Minor and consequential amendments

The Water Resources Act 1991

139

1

Section 73 of that Act (power to make ordinary and emergency drought orders) shall be amended in accordance with the following provisions of this paragraph.

2

In subsection (1) (power to make ordinary drought orders) for the words from the beginning to “then” there shall be substituted the words—

1

If the Secretary of State is satisfied that, by reason of an exceptional shortage of rain, there exists or is threatened—

a

a serious deficiency of supplies of water in any area, or

b

such a deficiency in the flow or level of water in any inland waters as to pose a serious threat to any of the flora or fauna which are dependent on those waters,

then,

3

In subsection (3) (power to make drought order not to be exercisable except where an application is made by the National Rivers Authority or a water undertaker)—

a

for the words “except where” there shall be substituted the word “unless”; and

b

at the beginning of paragraph (b) (water undertakers) there shall be inserted the words “except in the case of an ordinary drought order by virtue of subsection (1)(b) above,”.