Water Resources Act 1991 Page 1 Water Resources Act 1991 1991 CHAPTER 57 Thomson Reuters (Legal) Limited. UK Statutes Crown Copyright. Reproduced by permission of the Controller of Her Majesty©s Stationery Of®ce. An Act to consolidate enactments relating to the National Rivers Authority and the matters in relation to which it exercises functions, with amendments to give effect to recommendations of the Law Commission. [25th July 1991] BE IT ENACTED by the Queen©s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:Ð Extent Preamble: England, Wales PART I PRELIMINARY CHAPTER I THE NATIONAL RIVERS [ AGENCY ] 1 Notes 1 Words substituted by Environment Act 1995 c. 25 Sch.22 para.128 (April 1, 1996) R Repealed 1.Ð [¼]1 Notes 1 Repealed by Environment Act 1995 c. 25 Sch.24 para.1 (April 1, 1996 as SI 1996/186) Water Resources Act 1991 Page 2 Repealed 2.Ð [¼]1 Notes 1 Repealed by Environment Act 1995 c. 25 Sch.24 para.1 (April 1, 1996 as SI 1996/186) Repealed 3.Ð [¼]1 Notes 1 Repealed by Environment Act 1995 c. 25 Sch.24 para.1 (April 1, 1996 as SI 1996/186) Repealed 4.Ð [¼]1 Notes 1 Repealed by Environment Act 1995 c. 25 Sch.24 para.1 (April 1, 1996 as SI 1996/186) Repealed 5.Ð [¼]1 Notes 1 Repealed by Environment Act 1995 c. 25 Sch.24 para.1 (April 1, 1996 as SI 1996/186) CHAPTER II COMMITTEES WITH FUNCTIONS IN RELATION TO THE [ AGENCY ] 1 Notes 1 Words substituted by Environment Act 1995 c. 25 Sch.22 para.128 (April 1, 1996) R Advisory committees Repealed 6.Ð [¼]1 Water Resources Act 1991 Page 3 Notes 1 Repealed by Environment Act 1995 c. 25 Sch.24 para.1 (April 1, 1996 as SI 1996/186) Repealed 7.Ð [¼]1 Notes 1 Repealed by Environment Act 1995 c. 25 Sch.24 para.1 (April 1, 1996 as SI 1996/186) Repealed 8.Ð [¼]1 Notes 1 Repealed by Environment Act 1995 c. 25 Sch.24 para.1 (April 1, 1996 as SI 1996/186) Flood defence committees Repealed 9.Ð [¼]1 Notes 1 Repealed by Environment Act 1995 c. 25 Sch.24 para.1 (April 1, 1996 as SI 1996/186) Repealed 10.Ð [¼]1 Notes 1 Repealed by Environment Act 1995 c. 25 Sch.24 para.1 (April 1, 1996 as SI 1996/186) Repealed 11.Ð [¼]1 R Notes 1 Repealed by Environment Act 1995 c. 25 Sch.24 para.1 (April 1, 1996 as SI 1996/186) Water Resources Act 1991 Page 4 Repealed 12.Ð [¼]1 Notes 1 Repealed by Environment Act 1995 c. 25 Sch.24 para.1 (April 1, 1996 as SI 1996/186) Repealed 13.Ð [¼]1 Notes 1 Repealed by Environment Act 1995 c. 25 Sch.24 para.1 (April 1, 1996 as SI 1996/186) Repealed 14. [¼]1 Notes 1 Repealed by Environment Act 1995 c. 25 Sch.24 para.1 (April 1, 1996 as SI 1996/186) CHAPTER III GENERAL DUTIES Law In Force 15.Ð General duties with respect to the water industry. (1) It shall be the duty of the [ Agency ] 1 [ and the NRBW ] 2 , in exercising any of [ their ] 3 powers under any enactment, to have particular regard to the duties imposed, by virtue of the provisions of Parts II to IV of the Water Industry Act 1991 , on any water undertaker or sewerage undertaker which appears to the [ Agency ] 1 [ or the NRBW, as the case may be, ] 4 to be or to be likely to be affected by the exercise of the power in question. (2) It shall be the duty of each of the Ministers, in exercisingÐ (a) any power conferred by virtue of [ the 1995 Act, ] 5 this Act, the Land Drainage Act 1991, the Water Industry Act 1991 [ , the Water Act 1989 or the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903) ] 6 in relation to, or to decisions of, the [ Agency ] 1 [ or the NRBW ] 7 ; or R (b) any power which, but for any direction given by one of the Minister, would fall to be exercised by the [ Agency ] 1 [ or the NRBW ] 7 , to take into account the duty imposed on the [ Agency ] 1 [ and the NRBW ] 8 by subsection (1) above. Water Resources Act 1991 Page 5 Notes 1 Words substituted by Environment Act 1995 c. 25 Sch.22 para.128 (April 1, 1996) 2 Words inserted by Natural Resources Body for Wales (Functions) Order 2013/755 Sch.2(1) para.265(2)(a) (April 1, 2013: insertion has effect subject to transitional provisions and savings speci®ed in SI 2013/755 art.10 and Sch.7) 3 Word substituted by Natural Resources Body for Wales (Functions) Order 2013/755 Sch.2(1) para.265(2)(b) (April 1, 2013: substitution has effect subject to transitional provisions and savings speci®ed in SI 2013/755 art.10 and Sch.7) 4 Words inserted by Natural Resources Body for Wales (Functions) Order 2013/755 Sch.2(1) para.265(2)(c) (April 1, 2013: insertion has effect subject to transitional provisions and savings speci®ed in SI 2013/755 art.10 and Sch.7) 5 Words added by Environment Act 1995 c. 25 Sch.22 para.130 (April 1, 1996) 6 Words substituted by Natural Resources Body for Wales (Functions) Order 2013/755 Sch.2(1) para.265(3)(a) (April 1, 2013: substitution has effect subject to transitional provisions and savings speci®ed in SI 2013/755 art.10 and Sch.7) 7 Words inserted by Natural Resources Body for Wales (Functions) Order 2013/755 Sch.2(1) para.265(3)(b) (April 1, 2013: insertion has effect subject to transitional provisions and savings speci®ed in SI 2013/755 art.10 and Sch.7) 8 Words inserted by Natural Resources Body for Wales (Functions) Order 2013/755 Sch.2(1) para.265(3)(c) (April 1, 2013: insertion has effect subject to transitional provisions and savings speci®ed in SI 2013/755 art.10 and Sch.7) Commencement Pt I c. III s. 15: December 1, 1991 (1991 c. 57 Pt IX s. 225(2)) Extent Pt I c. III s. 15(1)-(2)(b): England, Wales Repealed 16.Ð [¼]1 Notes 1 Repealed by Environment Act 1995 c. 25 Sch.24 para.1 (April 1, 1996 as SI 1996/186) Repealed 17.Ð [¼]1 Notes 1 Repealed by Environment Act 1995 c. 25 Sch.24 para.1 (April 1, 1996 as SI 1996/186) R Repealed 18.Ð [¼]1 Water Resources Act 1991 Page 6 Notes 1 Repealed by Environment Act 1995 c. 25 Sch.24 para.1 (April 1, 1996 as SI 1996/186) PART II WATER RESOURCES MANAGEMENT CHAPTER 1 GENERAL MANAGEMENT FUNCTIONS Repealed 19.Ð [¼]1 Notes 1 Repealed by Environment Act 1995 c. 25 Sch.24 para.1 (April 1, 1996 as SI 1996/186) Law In Force 20.Ð Water resources management schemes. (1) It shall be the duty of the [ appropriate agency ] 1 so far as reasonably practicable to enter into and maintain such arrangements with water undertakers for securing the proper management or operation ofÐ (a) the waters which are available to be used by water undertakers for the purposes of, or in connection with, the carrying out of their functions; and (b) any reservoirs, apparatus or other works which belong to, are operated by or are otherwise under the control of water undertakers for the purposes of, or in connection with, the carrying out of their functions, as the [ appropriate agency ] 1 from time to time considers appropriate for the purpose of carrying out its functions under [ section 6(2) [ or, as the case may be, section 6(2A) ] 3 of the 1995 Act ] 2 . (2) Without prejudice to the power of the [ appropriate agency ] 1 and any water undertaker to include any such provision as may be agreed between them in arrangements under this section, such arrangements mayÐ R (a) make provision by virtue of subsection (1)(a) above with respect to the construction or installation of any reservoirs, apparatus or other works which will be used by the undertaker in the carrying out of its functions; (b) contain provision requiring payments to be made by the [ appropriate agency ] 1 to the undertaker; and Water Resources Act 1991 Page 7 (c) require the reference to and determination by the Secretary of State or the [ Water Services Regulation Authority ] 4 of questions arising under the arrangements. (3) The [ appropriate agency ] 1 shall send a copy of any arrangements entered into by it under this section to the Secretary of State; and the obligations of a water undertaker by virtue of any such arrangements shall be enforceable under section 18 of the Water Industry Act 1991 (enforcement orders) by the Secretary of State. Notes 1 Word substituted by Natural Resources Body for Wales (Functions) Order 2013/755 Sch.2(1) para.266(2) (April 1, 2013: substitution has effect subject to transitional provisions and savings speci®ed in SI 2013/755 art.10 and Sch.7) 2 Words substituted by Environment Act 1995 c. 25 Sch.22 para.132 (April 1, 1996) 3 Words inserted by Natural Resources Body for Wales (Functions) Order 2013/755 Sch.2(1) para.266(3) (April 1, 2013: insertion has effect subject to transitional provisions and savings speci®ed in SI 2013/755 art.10 and Sch.7) 4 Words substituted by Water Act 2003 c.