Flood and Water Management Act 2010

47 Pre-consolidation amendments E+W

(1) The Secretary of State may by order amend a water Act—

(a) to eliminate differences between two or more provisions (whether or not of the same Act);

(b) to simplify procedure;

(c) to correct errors or resolve obscurity.

(2) The Secretary of State may make an order only if satisfied that—

(a) it will make it easier to consolidate one or more water Acts, and

(b) the substantive effect of the change (if any) is proportionate to the advantage to be gained by consolidating the legislation and does not remove any protection.

(3) The water Acts are—

(a) this Act,

(b) the Public Health Act 1936 (so far as relevant to water),

(c) the Coast Protection Act 1949,

(d) the Reservoirs Act 1975,

(e) the Highways Act 1980 (so far as relevant to water),

(f) the Land Drainage Act 1991,

(g) the Water Industry Act 1991,

(h) the Water Resources Act 1991, and

(i) the Environment Act 1995 (so far as relevant to water).

(4) An order may, in particular, aim to standardise provisions relating to—

(a) appeals;

(b) compulsory purchase;

(c) rights of entry;

(d) compensation.

(5) An order under this section may not be made unless—

(a) the Welsh Ministers have consented to the making of the order,

(b) a draft has been laid before and approved by resolution of each House of Parliament, and

(c) a Bill for consolidating the enactments amended by the order (with or without other enactments) has been presented to either House of Parliament.

(6) A draft laid under subsection (5) must be accompanied by an explanation of—

(a) the effect of any changes made, and

(b) how they will make consolidation easier.

Commencement Information

I1 S. 47 in force at 1.10.2010 by S.I. 2010/2169, art. 4, Sch.