Environment Act 1995

Search Legislation

Title: (or keywords in the title)

Year:

Number:

Type:

Environment Act 1995

Status:

Point in time view as at 07/03/2022.

Changes to legislation:

Environment Act 1995, Section 10 is up to date with all changes known to be in force on or before 22 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

10 Incidental functions of the Agency [F1and the Natural Resources Body for Wales].E+W+S

(1)This section has effect—

(a)for the purposes of section 37(1) below, as it applies in relation to the Agency; F2...

[F3(aa)for the purposes of article 9 of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I.2012/1903), in relation to the Natural Resources Body for Wales; and]

(b)for the construction of any other enactment which, by reference to the functions of [F4an appropriate agency], confers any power on or in relation to [F4an appropriate agency];

and any reference in this section to “the relevant purposes” is a reference to the purposes described in paragraphs (a) [F5, (aa)] and (b) above.

(2)For the relevant purposes, the functions of [F6an appropriate agency] shall be taken to include the protection against pollution of—

(a)any waters, whether on the surface or underground, which belong to the [F7appropriate agency] or any water undertaker or from which the [F7appropriate agency] or any water undertaker is authorised to take water;

(b)without prejudice to paragraph (a) above, any reservoir which belongs to or is operated by the [F7appropriate agency] or any water undertaker or which the [F7appropriate agency] or any water undertaker is proposing to acquire or construct for the purpose of being so operated; and

(c)any underground strata from which the [F7appropriate agency] or any water undertaker is for the time being authorised to abstract water in pursuance of a licence under Chapter II of Part II of the 1991 Act (abstraction and impounding).

(3)For the relevant purposes, the functions of [F8an appropriate agency] shall be taken to include joining with or acting on behalf of one or more relevant undertakers for the purpose of carrying out any works or acquiring any land which at least one of the undertakers with which it joins, or on whose behalf it acts, is authorised to carry out or acquire for the purposes of—

(a)any function of that undertaker under any enactment; or

(b)any function which is taken to be a function of that undertaker for the purposes to which section 217 of the M1Water Industry Act 1991 applies.

(4)For the relevant purposes, the functions of [F9an appropriate agency] shall be taken to include the provision of supplies of water in bulk, whether or not such supplies are provided for the purposes of, or in connection with, the carrying out of any other function of the [F10appropriate agency] .

(5)For the relevant purposes, the functions of [F11an appropriate agency] shall be taken to include the provision of houses and other buildings for the use of persons employed by the [F12appropriate agency] and the provision of recreation grounds for persons so employed.

(6)In this section—

“relevant undertaker” means a water undertaker or sewerage undertaker; and
“supply of water in bulk” means a supply of water for distribution by a water undertaker taking the supply.

Textual Amendments

F1Words in s. 10 heading inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 369(6) (with Sch. 7)

F2Word in s. 10(1)(a) omitted (1.4.2013) by virtue of The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 369(2)(a) (with Sch. 7)

F3S. 10(1)(aa) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 369(2)(b) (with Sch. 7)

F4Words in s. 10(1)(b) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 369(2)(c) (with Sch. 7)

F5Word in s. 10(1)(b) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 369(2)(d) (with Sch. 7)

F6Words in s. 10(2) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 369(3)(a) (with Sch. 7)

F7Words in s. 10(2)(a)-(c) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 369(3)(b) (with Sch. 7)

F8Words in s. 10(3) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 369(4) (with Sch. 7)

F9Words in s. 10(4) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 369(5)(a) (with Sch. 7)

F10Words in s. 10(4) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 369(5)(b) (with Sch. 7)

F11Words in s. 10(5) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 369(5)(a) (with Sch. 7)