InterpretationE+W
19. In this Part of this Schedule—
“the agency” means the Environment Agency;
“access route” means an access route used by the drainage authority prior to the commencement of construction of a specified work for accessing a drainage work;
“construction” includes execution, placing, altering, replacing, relaying and removal and excavation and “construct” and “constructed” are to be construed accordingly;
“drainage authority” means—
in relation to an ordinary watercourse, the drainage board concerned, within the meaning of section 23 (prohibitions of obstructions etc in watercourses) of the Land Drainage Act 1991(1); and
in relation to a main river, the Environment Agency;
“drainage work” means any watercourse and includes any land which provides or is expected to provide flood storage capacity for any watercourse and any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage or flood defence and any ancillary works constructed as a consequence of works carried out for drainage purposes;
“emergency” means an occurrence which presents a risk of—
serious flooding;
serious detrimental impact on drainage; or
serious harm to the environment;
“fishery” means any waters containing fish and fish in, or migrating to or from, such waters and the spawn, spawning ground, habitat or food of such fish;
“main river” means all watercourses shown as such on the statutory main river maps held by the Environment Agency and the Department for Environment, Food and Rural Affairs including any structure or appliance for controlling or regulating the flow of water in or out of the channel;
“maintenance” has the same meaning as in article 2(1) (interpretation);
“ordinary watercourse” has the meaning given in the Land Drainage Act 1991(2);
“plans” includes all designs, sections, drawings, risk assessments, soil reports, drainage reports, specifications calculations and method statements and other documents that are reasonably necessary in the opinion of the undertaker to properly and sufficiently to describe the works to be executed;
“specified work” means so much of any work or operation authorised by this Order as is in, on, under, over or within 8 metres of a drainage work or is otherwise likely to—
affect any drainage work or the volumetric rate of flow of water in or flowing to or from any drainage work;
affect the flow, purity or quality of water in any watercourse or other surface waters or ground water;
cause obstruction to the free passage of fish or damage to any fishery;
affect the conservation, distribution or use of water resources; or
affect the conservation value of the main river and habitats in its immediate vicinity; and
“watercourse” includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, basins, sewers and passages through which water flows except a public sewer.
Commencement Information
I1Sch. 9 para. 19 in force at 8.9.2022, see art. 1
1991 c. 59. Section 23(1B), which sets out the meaning of “drainage board concerned”, was inserted by section 49(3) of, and paragraph 32(3) of Schedule 2 to, the Flood Water Management Act 2010 (c. 29). There is an amendment to that subsection which is not relevant to this Order.
1991 c. 59. Section 72 of that Act contains the definition.