The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019

Water Resources Act 1991U.K.

This section has no associated Explanatory Memorandum

4.—(1) The Water Resources Act 1991 M1 is amended as follows.

(2) In section 93 M2

(a)in subsection (1B), for the words from “enabling” to “in relation to” substitute “ achievement of ”;

(b)omit subsection (2C);

(c)in subsection (7), at the appropriate places insert the following definitions—

“environmental objectives”—

(a)

in relation to the Solway Tweed River Basin District, means the objectives as defined in regulation 2 of the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004 (S.I. 2004/99);

(b)

in relation to the Northumbria River Basin District, means the objectives referred to in the WFD Regulations as applied and modified by regulation 5 of the Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003 (S.I. 2003/3245);

(c)

in relation to any other river basin district, within the meaning of the WFD Regulations, has the same meaning as in those regulations;;

hydromorphological quality element” has the same meaning as in the Water Framework Directive;;

the WFD Regulations” means the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 (S.I. 2017/407)..

(3) In section 102 M3

(a)in the heading, at the end insert “ etc. ”;

(b)in the words before paragraph (a), omit “enabling Her Majesty's Government in the United Kingdom to give effect”;

(c)for paragraph (a) substitute—

(a)giving effect to any retained EU obligations, or;

(d)at the beginning of paragraph (b) insert “ enabling Her Majesty's Government in the United Kingdom to give effect ”.

(4) In section 116 M4

(a)in the heading, at the end insert “ etc. ”;

(b)in subsection (1)—

(i)in the words before paragraph (a), omit “enabling Her Majesty's Government in the United Kingdom to give effect”;

(ii)for paragraph (a) substitute—

(a)giving effect to any retained EU obligations, or;

(iii)at the beginning of paragraph (b) insert “ enabling Her Majesty's Government in the United Kingdom to give effect ”.

(5) In each of sections 161ZA M5 and 161ZB M6 omit subsection (3).

(6) In section 161ZC M7

(a)in subsection (8), omit the words from “and in sections” to the end;

(b)after subsection (8) insert—

(9) In sections 161ZA and 161ZB, “environmental objectives”, “hydromorphological quality element” and “Water Framework Directive” have the meanings given by section 93(7) of this Act..

(7) In section 204(2)(k) M8, for “an EU obligation” substitute “ a retained EU obligation ”.

Commencement Information

I1Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Marginal Citations

M2Section 93 was amended by S.I. 2009/3104, 2013/755 (W. 90) and 2018/942.

M3Section 102(a) was amended by S.I. 2011/1043.

M4Section 116(1)(a) was amended by paragraph 22 of Schedule 16 to the Marine and Coastal Access Act 2009 (c. 23) and by S.I. 2011/1043 and 2013/755 (W. 90). Article 4 of S.I. 1999/1746 disapplied section 116 in relation to part of the River Esk.

M5Section 161ZA(3) was inserted by S.I. 2009/3104 and amended by S.I. 2013/755 (W. 90).

M6Section 161ZB(3) was inserted by S.I. 2009/3104 and amended by S.I. 2013/755 (W. 90).

M7Section 161ZC(8) was inserted by S.I. 2009/3104.

M8Section 204(2)(k) was amended by S.I. 2011/1043.