Legalize / United Kingdom / Public General Act

Water Resources Act 1991

Type Public General Act

Publication 1991-07-25

Last updated 2026-04-06

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(1) Where the appropriate agency applies to either of the Ministers for a compulsory works order, it shall—

(a) submit to that Minister a draft of the order applied for;

(b) publish a notice with respect to the application, at least once in each of two successive weeks, in one or more newspapers circulating in each relevant locality;

(i) serve a copy of the notice on each of the persons specified in relation to the application in sub-paragraph (3) below; and

(ii) in the case of a draft order which would authorise the stopping-up or diversion of a footpath, bridleway or restricted byway, cause such a copy, together with a plan showing the general effect of the draft order so far as it relates to the footpath, bridleway or restricted byway, to be displayed in a prominent position at the ends of the part of the path or way to be stopped up or diverted;

and

(d) publish a notice in the London Gazette which-

(i) states that the draft order has been submitted to that Minister;

(ii) names every local authority on whom a notice is required to be served under this paragraph;

(iii) specifies a place where a copy of the draft order and of any relevant map or plan may be inspected; and

(iv) gives the name of every newspaper in which the notice required by virtue of paragraph (b) above was published and the date of an issue containing the notice.

(2) The notice required by virtue of sub-paragraph (1)(b) above to be published with respect to an application for an order by the appropriate agency shall—

(a) state the general effect of the order applied for;

(b) in the case of an application made wholly or partly for the purpose of enabling any discharges of water to be made—

(i) contain particulars of the proposed discharges, stating the purposes of the discharges and specifying each place of discharge;

(ii) specify the places at which the water to be comprised in the proposed discharges is to be taken and the treatment (if any) which the draft order proposes to require the water, or any of it, to receive before being discharged under the order; and

(iii) state the effect which, in the opinion of the appropriate agency, the proposed discharges would have on the flow, level and quality of water in any inland waters or underground strata;

(c) specify a place where a copy of the draft order and of any relevant map or plan may be inspected by any person free of charge at all reasonable times during the period of twenty-eight days beginning with the date of the first publication of the notice; and

(d) state that any person may within that period, by notice to the Minister applied to, object to the making of the order.

(3) The persons mentioned in sub-paragraph (1)(c) above in relation to an application for a compulsory works order a draft of which has been submitted to either of the Ministers are—

(a) every local authority whose area is or includes the whole or any part of a relevant locality and which is not an English county council;

(b) every water undertaker whose area is or includes the whole or any part of such a locality;

(c) every navigation authority, harbour authority and conservancy authority which would be affected by, or has functions in relation to any inland waters which would be affected by, any provision proposed to be made by the order;

(d) every person who—

(i) is an owner, lessee, tenant (whatever the tenancy period) or occupier of any land in relation to which compulsory powers would become exercisable if the order were made in the terms of the draft order; or

(ii) who the water undertaker thinks is likely to be entitled to make a claim for compensation under section 10 of the Compulsory Purchase Act 1965 if the order is confirmed and the compulsory powers become exercisable, so far as he is known to the water undertaker after making diligent inquiry;

(e) every person who has given notice to the appropriate agency requiring it to notify him of applications for compulsory works orders and has paid such reasonable charge as the appropriate agency may have required him to pay for being notified by virtue of this paragraph;

(f) such other persons as may be prescribed.

(4) In this paragraph “relevant locality”, in relation to an application for an order, means—

(a) any locality which would be affected by any provision proposed to be made by the order for the purpose of enabling any engineering or building operations to be carried out; and

(b) where provision is proposed to be made by the order for the purpose of enabling discharges of water to be made, each locality in which the place of any of the proposed discharges is situated or in which there appears to the appropriate agency to be any inland waters or underground strata the flow, level or quality of water in which may be affected by any of the proposed discharges.

Supply of copies of draft orders

2

Where the appropriate agency is applying for a compulsory works order, it shall, at the request of any person and on payment by that person of such charge (if any) as the appropriate agency may reasonably require, furnish that person with a copy of any draft order submitted to either of the Ministers under paragraph 1 above and of any relevant map or plan.

Powers on an application

3

(1) On an application for a compulsory works order, the Minister or the Secretary of State may make the order either in the terms of the draft order submitted or, subject to sub-paragraphs (2) and (3) below, in those terms as modified in such manner as he thinks fit, or may refuse to make an order.

(2) Neither of the Ministers shall make such a modification of a draft order as he considers is likely adversely to affect any persons unless he is satisfied that the appropriate agency has given and published such additional notices, in such manner, as he may have required.

(3) Neither of the Ministers shall, unless all interested parties consent, make a compulsory works order so as to confer in relation to any land any powers of compulsory acquisition which would not have been conferred in relation to that land if the order were made in the terms of the draft order submitted under paragraph 1 above.

(4) Where one of the Ministers refuses, on an application for a compulsory works order, to make an order, the appropriate agency shall, as soon as practicable after the refusal, notify the refusal to every person on whom it was, by virtue of paragraph 1(1)(c)(i) above, required to serve a copy of the notice with respect to the application.

Consideration of objections etc.

4

(1) If, where an application for a compulsory works order has been made, either of the Ministers receives any notice of an objection to it, before the end of the relevant period, from—

(a) any person on whom a notice under paragraph 1 or 3 above is required to be served; or

(b) from any other person appearing to that Minister to be affected by the order as submitted or as proposed to be modified under paragraph 3 above,

then, unless the objection is withdrawn, the Minister or the Secretary of State shall, before making the order, either cause a local inquiry to be held or afford to the objector and to the appropriate agency an opportunity of appearing before, and being heard by, a person appointed by him for the purpose.

(2) Where any objection received by one of the Ministers as mentioned in sub-paragraph (1) above relates to any powers of compulsory acquisition, the Minister or the Secretary of State—

(a) may require the objector to state in writing the grounds of his objection; and

(b) if he is satisfied that the objection relates exclusively to matters that can be dealt with in the assessment of compensation, may disregard the objection for the purposes of that sub-paragraph.

(3) In this paragraph “the relevant period”, in relation to an application for any order, means the period ending with whichever is the later of—

(a) the end of the period of twenty-eight days beginning with the date of the first publication of the notice published with respect to the application for the purposes of paragraph 1(1)(b) above; and

(b) the end of the period of twenty-five days beginning with the date of the publication in the London Gazette of the notice published for the purposes of the application by virtue of paragraph 1(1)(d) above,

together, in the case of an application for an order modifications to which have been proposed by the Minister considering the application, with any further periods specified with respect to the modifications in notices under paragraph 3(2) above.

Notice after making of order

5

(1) As soon as practicable after a compulsory works order has been made, the appropriate agency shall—

(a) publish a notice of the making of the order, at least once in each of two successive weeks, in one or more newspapers circulating in each relevant locality; and

(b) not later than the date on which that notice is first published—

(i) serve a copy of the notice on every person on whom the appropriate agency was, by virtue of paragraph 1(1)(c)(i) above, required to serve a copy of the notice with respect to the application for the order; and

(ii) in the case of an order authorising the stopping-up or diversion of a footpath, bridleway or restricted byway, cause such a copy, together with a plan showing the general effect of the order so far as it relates to the footpath, bridleway or restricted byway, to be displayed in a prominent position at the ends of the appropriate part of the path or way.

(2) The notice required by virtue of sub-paragraph (1)(a) above to be published with respect to a compulsory works order shall—

(a) state the general effect of the order;

(b) in the case of an order made wholly or partly for the purpose of enabling any discharges of water to be made—

(i) contain particulars of the discharges, stating the purposes of the discharges and specifying each place of discharge;

(ii) specify the places at which the water to be comprised in the discharges is to be taken and the treatment (if any) which the order requires the water, or any of it, to receive before being discharged under the order; and

(iii) state the effect which, in the opinion of the applicant, the discharges would have on the flow, level and quality of water in any inland waters or underground strata; and

(c) specify a place where a copy of the order and of any relevant map or plan may be inspected by any person free of charge at all reasonable times.

(3) Where a compulsory works order has been made, the appropriate agency shall, at the request of any person and on payment by that person of such charge (if any) as the appropriate agency may reasonably require, furnish that person with a copy of the order and of any relevant map or plan.

(4) In this paragraph “relevant locality”, in relation to any compulsory works order, means—

(a) any locality which is affected by any provision made by the order for the purpose of enabling any engineering or building operations to be carried out; and

(b) where provision is made by the order for the purpose of enabling discharges of water to be made, each locality in which the place of any of the discharges is situated or in which there appears to the appropriate agency to be any inland waters or underground strata the flow, level or quality of water in which may be affected by any of the discharges.

Compulsory acquisition provisions

6

(1) Without prejudice to the provisions of Schedule 23 to this Act—

(a) Part I of the Compulsory Purchase Act 1965;

(b) sections 2A and 4 and Part III of, and Schedule 3 to, the Acquisition of Land Act 1981; and

shall apply in relation to so much of a compulsory works order as confers powers of compulsory acquisition as they apply in relation to a compulsory purchase order made by virtue of section 154 of this Act and, accordingly, shall so apply, where the case so requires, with the modifications made by Schedule 18 to this Act.

(2) Subject to the provisions of sub-paragraph (6) below, if any person aggrieved by a compulsory works order containing powers of compulsory acquisition, or by a certificate given under the special land provisions in connection with such an order, desires—

(a) to question the validity of the order, or of any provision of the order, on the grounds that any powers of compulsory acquisition conferred by the order are not authorised by this Act to be so conferred, or that any of the relevant requirements have not been complied with in relation to the order; or

(b) to question the validity of the certificate on the grounds that any of the relevant requirements have not been complied with in relation to the certificate,

he may make an application for the purpose to the High Court at any time before the end of the period of six weeks beginning with the date on which notice of the making of the order is first published in accordance with paragraph 5 above or, as the case may be, notice of the giving of the certificate is first published in accordance with the special land provisions.

(3) On any application under sub-paragraph (2) above with respect to any order or certificate, the High Court—

(a) may by interim order suspend the operation of the order, or any provision of the order, or of the certificate (either generally or in so far as it affects any property of the applicant to the High Court) until the final determination of the proceedings; and

(b) if satisfied—

(i) that any powers of compulsory acquisition conferred by the order are not authorised by this Act to be so conferred; or

(ii) that the interests of that applicant have been substantially prejudiced by a failure to comply with any of the relevant requirements in relation to the order or the certificate,

may quash the order, or any provision of the order, or the certificate (either generally or in so far as it affects any property of that applicant).

(4) Except as provided by sub-paragraph (2) above, the validity of any such order or certificate as is mentioned in that sub-paragraph shall not, either before or after the order or certificate has been made or given, be questioned in any legal proceedings whatsoever.

(5) Subject to any order of the High Court under sub-paragraph (3) above, any such order or certificate as is mentioned in sub-paragraph (2) above shall become operative (except, in the case of an order, where it is subject by virtue of the special land provisions to special parliamentary procedure) on the date on which notice of the making or giving of the order or certificate is published as mentioned in the said sub-paragraph (2).

(6) Where an order such as is mentioned in sub-paragraph (2) above is subject to special parliamentary procedure, sub-paragraphs (2) to (4) of this paragraph—

(a) shall not apply to the order if it is confirmed by Act of Parliament under section 4 or 6 of the Statutory Orders (Special Procedure) Act 1945; and

(b) in any other case, shall have effect as if the reference in sub-paragraph (2) of this paragraph to the date on which notice of the making of the order is first published in accordance with paragraph 5 above were a reference to the date on which the order becomes operative under the said Act of 1945.

(7) In this paragraph—

“the special land provisions” means the provisions, as applied by virtue of sub-paragraph (1) above, of Part III of the Acquisition of Land Act 1981 or, as the case may require, of Part II of Schedule 3 to that Act; and

“the relevant requirements”, in relation to an order or certificate, means the requirements of this Schedule and such requirements of the special land provisions or of any other enactment as are applicable to that order or certificate by virtue of this paragraph.

Compensation in certain cases of compulsory acquisition

7

Where—

(a) in connection with any engineering or building operations to which a compulsory works order relates, a licence under Chapter II of Part II of this Act is granted, or is deemed to be granted, to the appropriate agency; and

(b) that licence is a licence to abstract water or to obstruct or impede the flow of any inland waters,

no compensation shall be payable by virtue of sub-paragraph (1) of paragraph 6 above in respect of any land or interest injuriously affected by the carrying out of those operations, in so far as that land or interest is injuriously affected by the abstraction of water, or the obstruction or impeding of the flow, in accordance with the provisions of the licence.

Compensation in respect of powers other than acquisition powers

8

(1) If the value of any interest in any relevant land is depreciated by the coming into force of so much of any compulsory works order as—

(a) confers compulsory powers, other than powers of compulsory acquisition, for the purpose of enabling any engineering or building operations to be carried out; and

(b) grants authority for the carrying out of the operations,

the person entitled to that interest shall be entitled to compensation from the appropriate agency of an amount equal to the amount of the depreciation.

(2) Where the person entitled to an interest in any relevant land sustains loss or damage which—

(a) is attributable to so much of any compulsory works order as—

(i) confers compulsory powers, other than powers of compulsory acquisition, for the purpose of enabling any engineering or building operations to be carried out; and

(ii) grants authority for the carrying out of the operations;

(b) does not consist in depreciation of the value of that interest; and

(c) is loss or damage for which he would have been entitled to compensation by way of compensation for disturbance, if his interest in that land had been compulsorily acquired under section 154 of this Act in pursuance of a notice to treat served on the date on which the order comes into force,

he shall be entitled to compensation from the appropriate agency in respect of that loss or damage, in addition to compensation under sub-paragraph (1) above.

(3) Where any damage to, or injurious affection of, any land which is not relevant land is attributable to so much of any compulsory works order as—

(a) confers compulsory powers, other than powers of compulsory acquisition, for the purpose of enabling any engineering or building operations to be carried out; and

(b) grants authority for the carrying out of the operations,

the appropriate agency shall pay compensation in respect of that damage or injurious affection to every person entitled to an interest in that land.

(4) A person who sustains any loss or damage which is attributable to any discharge of water made by the appropriate agency in pursuance of a compulsory works order shall be entitled to recover compensation from the appropriate agency in respect of the loss or damage.

(5) For the purposes of sub-paragraph (4) above any extra expenditure—

(a) which it becomes reasonably necessary for any water undertaker or public authority (other than the appropriate agency) to incur for the purpose of properly carrying out any statutory functions; and

(b) which is attributable to any such discharge of water as is mentioned in that sub-paragraph,

shall be deemed to be a loss sustained by the undertaker or public authority and to be so attributable.

(6) Any question of disputed compensation under this paragraph, shall be referred to and determined by the Upper Tribunal; and in relation to the determination of any such compensation the provisions of section 4 of the Land Compensation Act 1961 shall apply, subject to any necessary modifications.

(7) For the purpose of assessing any compensation under this paragraph, so far as that compensation is in respect of loss or damage consisting in depreciation of the value of an interest in land, the rules set out in section 5 of the Land Compensation Act 1961 shall, so far as applicable and subject to any necessary modifications, have effect as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land.

(8) Where the interest in land in respect of which any compensation falls to be assessed in accordance with sub-paragraph (7) above is subject to a mortgage—

(a) the compensation shall be assessed as if the interest were not subject to the mortgage;

(b) a claim for compensation may be made by any mortgagee of the interest, but without prejudice to the making of a claim by the person entitled to the interest;

(c) no such compensation shall be payable in respect of the interest of the mortgagee (as distinct from the interest which is subject to the mortgage); and

(d) any such compensation which is payable in respect of the interest which is subject to the mortgage shall be paid to the mortgagee, or, if there is more than one mortgagee, to the first mortgagee, and shall in either case be applied by him as if it were proceeds of sale.

(9) In this paragraph “relevant land”, in relation to a compulsory works order, means any land which is not land in relation to which powers of compulsory acquisition are conferred by the order but is—

(a) land where any operations for which authority is granted by the order are to be carried out;

(b) land in relation to which compulsory powers are conferred by the order; or

Protection of public undertakings

9

The provisions of section 179 and paragraphs 1, 2 and 5 of Schedule 22 to this Act shall apply, as they apply in relation to the carrying out of works in exercise of the powers specified in those provisions, in relation to the carrying out of works by virtue of an authority granted by so much of any compulsory works order as makes provision other than provision conferring powers of compulsory acquisition.

Interpretation

10

In this Schedule—

“bridleway” and “footpath” have the same meanings as in the Highways Act 1980;

“compulsory works order” means an order under section 168 of this Act;

“powers of compulsory acquisition” means any such powers as are mentioned in subsection (4)(a) of section 168 of this Act;

“restricted byway” has the same meaning as in Part 2 of the Countryside and Rights of Way Act 2000;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 20

Notice of entry

1

(1) Without prejudice to any power exercisable by virtue of a warrant under this Schedule, no person shall make an entry into any premises or vessel by virtue of any power conferred by sections 169 to 172 of this Act except—

(a) in an emergency; or

(b) at a reasonable time and after the required notice of the intended entry has been given to the occupier of the premises or vessel.

(2) For the purposes of this paragraph the required notice is seven days’ notice; but such notice shall not be required in the case of an exercise of a power conferred by section 169 or 172 above, except where the premises in question are residential premises, the vessel in question is used for residential purposes or the entry in question is to be with heavy equipment.

(3) For the purposes of the application of this paragraph to the power conferred by section 170 of this Act the reference in sub-paragraph (1) above to an emergency—

(a) in relation to any entry to premises for the purposes of, or for purposes connected with, the exercise or proposed exercise of any power in relation to a street, includes a reference to any circumstances requiring the carrying out of emergency works within the meaning of Part III of the New Roads and Street Works Act 1991; and

(b) in relation to any other entry to premises, includes a reference to any danger to property and to any interruption of a supply of water provided to any premises by any person and to any interruption of the provision of sewerage services to any premises.

(4) Until the coming into force of section 52 of the New Roads and Street Works Act 1991, sub-paragraph (3) above shall have effect as if the reference to Part III of that Act were a reference to the Public Utilities Street Works Act 1950; but nothing in this sub-paragraph shall be taken to prejudice the power of the Secretary of State under that Act of 1991 to make an order bringing that section 52 into force on different days for different purposes (including the purposes of this paragraph).

Warrant to exercise power

2

(1) If it is shown to the satisfaction of a justice of the peace on sworn information in writing—

(a) that there are reasonable grounds for the exercise in relation to any premises or vessel of a power conferred by sections 169 to 172 of this Act; and

(b) that one or more of the conditions specified in sub-paragraph (2) below is fulfilled in relation to those premises or that vessel,

the justice may by warrant authorise the relevant authority to designate a person who shall be authorised to exercise the power in relation to those premises, or that vessel, in accordance with the warrant and, if need be, by force.

(2) The conditions mentioned in sub-paragraph (1)(b) above are—

(a) that the exercise of the power in relation to the premises or vessel has been refused;

(b) that such a refusal is reasonably apprehended;

(d) that the occupier is temporarily absent from the premises or vessel;

(e) that the case is one of urgency; or

(f) that an application for admission to the premises or vessel would defeat the object of the proposed entry.

(3) A justice of the peace shall not issue a warrant under this Schedule by virtue only of being satisfied that the exercise of a power in relation to any premises or vessel has been refused, or that a refusal is reasonably apprehended, unless he is also satisfied—

(a) that notice of the intention to apply for the warrant has been given to the occupier of the premises or vessel; or

(b) that the giving of such a notice would defeat the object of the proposed entry.

(4) For the purposes of the application of this Schedule to the powers conferred by section 171 of this Act in a case to which subsection (4) of that section applies, a justice of the peace shall not issue a warrant under this Schedule unless he is satisfied that the Secretary of State has given his authorisation for the purposes of that subsection in relation to that case.

(5) Every warrant under this Schedule shall continue in force until the purposes for which the warrant was issued have been fulfilled.

Manner of exercise of powers

3

A person designated as the person who may exercise any power to which this Schedule applies shall produce evidence of his designation and other authority before he exercises the power.

Supplementary powers of person making entry etc.

4

A person authorised to enter any premises or vessel by virtue of any power to which this Schedule applies shall be entitled, subject in the case of a power exercisable under a warrant to the terms of the warrant, to take with him on to the premises or vessel such other persons and such equipment as may be necessary.

Duty to secure premises

5

A person who enters any premises or vessel in the exercise of any power to which this Schedule applies shall leave the premises or vessel as effectually secured against trespassers as he found them.

Compensation

6

(1) Where any person exercises any power to which this Schedule applies, it shall be the duty of the relevant authority to make full compensation to any person who has sustained loss or damage by reason of—

(a) the exercise by the designated person of that power or of any power to take any person or equipment with him when entering the premises or vessel in relation to which the power is exercised; or

(b) the performance of, or failure of the designated person to perform, the duty imposed by paragraph 5 above.

(2) Compensation shall not be payable by virtue of sub-paragraph (1) above in respect of any loss or damage if the loss or damage—

(a) is attributable to the default of the person who sustained it; or

(b) is loss or damage in respect of which compensation is payable by virtue of any other provision of this Act.

(3) Any dispute as to a person’s entitlement to compensation under this paragraph, or as to the amount of any such compensation, shall be referred to the arbitration of a single arbitrator appointed by agreement between the relevant authority and the person who claims to have sustained the loss or damage or, in default of agreement—

(a) by the Upper Tribunal where the relevant authority is one of the Ministers; and

(b) by one of the Ministers, where the Agency or the NRBW is the relevant authority.

Obstruction of person exercising power

7

A person who intentionally obstructs another person acting in the exercise of any power to which this Schedule applies shall be guilty of an offence and liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.

Interpretation

8

(1) In this Schedule—

“relevant authority”, in relation to a power to which this Schedule applies, means one of the Ministers, the Agency or the NRBW, according to who is entitled, by virtue of the provision by which the power is conferred or, as the case may be, the warrant, to designate the person by whom the power may be exercised; and

“sewerage services” has the same meaning as in the Water Industry Act 1991.

(2) References in this Schedule to a power to which this Schedule applies are references to any power conferred by Chapter II of Part VI of this Act, including a power exercisable by virtue of a warrant under this Schedule.

(3) For the purposes of paragraphs 5 and 6 above a person enters any premises or vessel by virtue of a power to which this Schedule applies notwithstanding that he has failed (whether by virtue of the waiver of the requirement by the occupier of the premises or otherwise) to comply with-

(a) any requirement to enter those premises at a reasonable time or after giving notice of his intended entry; or

(b) the requirement imposed by paragraph 3 above.

SCHEDULE 21

Compensation in respect of street works powers

1

(1) This paragraph applies, in relation to the appropriate agency, to the powers conferred on it in relation to streets by sections 159 and 162 of this Act.

(2) It shall be the duty of the appropriate agency—

(a) to do as little damage as possible in the exercise of the powers to which this paragraph applies; and

(b) to pay compensation for any loss caused or damage done in the exercise of those powers.

(3) Any dispute as to whether compensation should be paid under sub-paragraph (2) above, or as to the amount of any such compensation, shall be referred to the arbitration of a single arbitrator appointed by agreement between the parties to the dispute or, in default of agreement, by the Secretary of State.

(4) Until the coming into force of Part III of the New Roads and Street Works Act 1991, a payment of compensation under this paragraph shall be treated for the purposes of section 32 of the Public Utilities Street Works Act 1950 (provisions against duplication of compensation) as made under an enactment passed before that Act of 1950; but nothing in this sub-paragraph shall be taken to prejudice the power of the Secretary of State under that Act of 1991 to make an order bringing Part III of that Act into force on different days for different purposes (including the purposes of this paragraph).

Compensation in respect of pipe-laying works on private land

2

(1) If the value of any interest in any relevant land is depreciated by virtue of the exercise by the appropriate agency of any power to carry out pipe-laying works on private land, the person entitled to that interest shall be entitled to compensation from the appropriate agency of an amount equal to the amount of the depreciation.

(2) Where the person entitled to an interest in any relevant land sustains loss or damage which—

(a) is attributable to the exercise by the appropriate agency of any power to carry out pipe-laying works on private land;

(b) does not consist in depreciation of the value of that interest; and

(c) is loss or damage for which he would have been entitled to compensation by way of compensation for disturbance, if his interest in that land had been compulsorily acquired under section 154 of this Act,

he shall be entitled to compensation from the appropriate agency in respect of that loss or damage, in addition to compensation under sub-paragraph (1) above.

(3) Where any damage to, or injurious affection of, any land which is not relevant land is attributable to the exercise by the appropriate agency, of any power to carry out pipe-laying works on private land, the appropriate agency shall pay compensation in respect of that damage or injurious affection to every person entitled to an interest in that land.

(4) The Secretary of State may by regulations make provision requiring the appropriate agency, where it is proposing or has begun, in a prescribed case, to exercise any power to carry out pipe-laying works on private land, to make advance payments on account of compensation that will become payable in respect of the exercise of that power.

(5) In this paragraph “relevant land”, in relation to any exercise of a power to carry out pipe-laying works on private land, means the land where the power is exercised or land held with that land.

(6) In this paragraph the references to a power to carry out pipe-laying works on private land are references to any of the powers conferred by virtue of section 160 or 162(3) of this Act.

Assessment of compensation under paragraph 2

3

(1) Any question of disputed compensation under paragraph 2 above shall be referred to and determined by the Upper Tribunal ; and in relation to the determination of any such compensation the provisions of section 4 of the Land Compensation Act 1961 shall apply, subject to any necessary modifications.

(2) For the purpose of assessing any compensation under paragraph 2 above, so far as that compensation is in respect of loss or damage consisting in depreciation of the value of an interest in land, the rules set out in section 5 of the Land Compensation Act 1961 shall, so far as applicable and subject to any necessary modifications, have effect as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land.

(3) Where the interest in land in respect of which any compensation falls to be assessed in accordance with sub-paragraph (2) above is subject to a mortgage—

(a) the compensation shall be assessed as if the interest were not subject to the mortgage;

(b) a claim for compensation may be made by any mortgagee of the interest, but without prejudice to the making of a claim by the person entitled to the interest;

(c) no such compensation shall be payable in respect of the interest of the mortgagee (as distinct from the interest which is subject to the mortgage); and

(d) any such compensation which is payable in respect of the interest which is subject to the mortgage shall be paid to the mortgagee, or, if there is more than one mortgagee, to the first mortgagee, and shall in either case be applied by him as if it were proceeds of sale.

(4) Where, apart from this sub-paragraph, any person entitled to an interest in any land would be entitled under paragraph 2 above to an amount of compensation in respect of any works, there shall be deducted from that amount an amount equal to the amount by which the carrying out of the works has enhanced the value of any other land which—

(a) is contiguous or adjacent to that land; and

(b) is land to an interest in which that person is entitled in the same capacity.

Compensation in respect of discharges for works purposes

4

(1) It shall be the duty of the appropriate agency—

(a) to cause as little loss and damage as possible in the exercise of the powers conferred on it by section 163 of this Act; and

(b) to pay compensation for any loss caused or damage done in the exercise of those powers.

(2) For the purposes of sub-paragraph (1) above any extra expenditure—

(a) which it becomes reasonably necessary for any water undertaker, sewerage undertaker or public authority (other than the appropriate agency itself) to incur for the purpose of properly carrying out any statutory functions; and

(b) which is attributable to any discharge of water under section 163 of this Act,

shall be deemed to be a loss sustained by the undertaker or public authority and to have been caused in exercise of the powers conferred by that section.

(3) Any dispute as to whether compensation should be paid under sub-paragraph (1) above, or as to the amount of any such compensation, shall be referred to the arbitration of a single arbitrator appointed by agreement between the parties to the dispute or, in default of agreement, by the President of the Institution of Civil Engineers.

Compensation in respect of flood defence and drainage works

5

(1) Where injury is sustained by any person by reason of the exercise by the appropriate agency of any powers under section 165(1) to (3) of this Act, the appropriate agency shall be liable to make full compensation to the injured party.

(2) In case of dispute, the amount of any compensation under sub-paragraph (1) above shall be determined by the Upper Tribunal .

(3) Where injury is sustained by any person by reason of the exercise by the appropriate agency of its powers under subsection (1)(b) of section 167 of this Act—

(a) the appropriate agency may, if it thinks fit, pay to him such compensation as it may determine; and

(b) if the injury could have been avoided if those powers had been exercised with reasonable care, the provisions of sub-paragraphs (1) and (2) above shall apply as if the injury had been sustained by reason of the exercise by the appropriate agency of its powers under section 165(1) to (3) of this Act.

SCHEDULE 22

General provisions protecting undertakings

1

(1) Nothing in any of the provisions of this Act conferring power on the appropriate agency to carry out any works shall confer power to do anything, except with the consent of the persons carrying on an undertaking protected by this paragraph, which, whether directly or indirectly, so interferes or will so interfere—

(a) with works or property vested in or under the control of the persons carrying on that undertaking, in their capacity as such; or

(b) with the use of any such works or property,

as to affect injuriously those works or that property or the carrying on of that undertaking.

(2) A consent for the purposes of sub-paragraph (1) above may be given subject to reasonable conditions but shall not be unreasonably withheld.

(3) Subject to the following provisions of this Schedule, any dispute—

(a) as to whether anything done or proposed to be done interferes or will interfere as mentioned in sub-paragraph (1) above;

(b) as to whether any consent for the purposes of this paragraph is being unreasonably withheld; or

shall be referred to the arbitration of a single arbitrator to be appointed by agreement between the parties to the dispute or, in default of agreement, by the President of the Institution of Civil Engineers.

(4) The following are the undertakings protected by this paragraph, that is to say-

(a) the undertakings of the Civil Aviation Authority, the Coal Authority and a universal service provider (so far as it is his undertaking in relation to the provision of a universal postal service);

(b) the undertaking of any water undertaker or sewerage undertaker;

(d) any airport to which Part V of the Airports Act 1986 applies;

(e) the undertaking of any public gas supplier within the meaning of Part I of the Gas Act 1986;

(f) the undertaking of any person authorised by a licence under Part I of the Electricity Act 1989 to generate, supply or participate in the transmission of electricity;

(g) the undertaking of any navigation authority, harbour authority or conservancy authority or of any internal drainage board;

(h) the undertaking of any railway company;

(i) any public utility undertaking carried on by a local authority under any Act or under any order having the force of an Act.

(j) the undertaking of any licensed operator, within the meaning of the Coal Industry Act 1994;

(k) the undertaking of a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services) to the extent that it is the person’s undertaking as licence holder.

(4A) In sub-paragraph (4)(a) above “universal service provider" has the same meaning as in Part 3 of the Postal Services Act 2011; and the reference to the provision of a universal postal service shall be construed in accordance with that Part.

(5) For the purposes of this paragraph any reference in this paragraph, in relation to any such airport as is mentioned in sub-paragraph (4)(d) above, to the persons carrying on the undertaking is a reference to the airport operator.

(6) The reference in sub-paragraph (1) above to the provisions of this Act conferring power to carry out works includes (without prejudice to the extent of that reference apart from this sub-paragraph) a reference to any provisions of any order under section 108 of this Act by virtue of which any such power is conferred.

Protection for statutory powers and jurisdiction

2

(1) Subject to sub-paragraph (2) below, nothing in—

(a) any provision of this Act conferring power on the appropriate agency to carry out any works; or

(b) any of the flood defence provisions of this Act,

shall confer power to do anything which prejudices the exercise of any statutory power, authority or jurisdiction from time to time vested in or exercisable by any persons carrying on an undertaking protected by paragraph 1 above.

(2) Nothing in this paragraph shall be taken to exclude the application of section 109 of this Act to any work executed by persons carrying on an undertaking protected by paragraph 1 above.

(3) Sub-paragraph (6) of paragraph 1 above shall apply for the purposes of sub-paragraph (1) above as it applies for the purposes of sub-paragraph (1) of that paragraph.

(4) This paragraph shall be without prejudice to any power under this Act to transfer the functions of any authority.

Special protection for certain undertakings in respect of street works

3

(1) Subject to the following provisions of this paragraph and without prejudice to the other provisions of this Schedule, the powers under the street works provisions to break up or open a street shall not be exercisable where the street, not being a highway maintainable at public expense (within the meaning of the Highways Act 1980)—

(a) is under the control or management of, or is maintainable by, a railway company or a navigation authority; or

(b) forms part of a level crossing belonging to such a company or authority or to any other person,

except with the consent of the company or authority or, as the case may be, of the person to whom the level crossing belongs.

(2) Sub-paragraph (1) above shall not apply to any exercise of the powers conferred by the street works provisions for the carrying out of emergency works, within the meaning of Part III of the New Roads and Street Works Act 1991.

(3) A consent given for the purposes of sub-paragraph (1) above may be made subject to such reasonable conditions as may be specified by the person giving it but shall not be unreasonably withheld.

(4) Any dispute—

(a) as to whether a consent for the purposes of sub-paragraph (1) above should be given or withheld; or

(b) as to whether the conditions to which any such consent is made subject are reasonable,

shall be referred to the arbitration of a single arbitrator appointed by agreement between the parties to the dispute or, in default of agreement, by the President of the Institution of Civil Engineers.

(5) If the appropriate agency contravenes, without reasonable excuse, the requirements of sub-paragraph (1) above, it shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(6) The restrictions contained in paragraphs (1) to (5) of section 32 of the Tramways Act 1870 (protection of tramways) shall apply in relation to any exercise of a power conferred by the street works provision s—

(a) as they apply in relation to the powers mentioned in that section; and

(b) as if references in that section to a tramway included references to a trolley vehicle system.

(7) In this paragraph “the street works provisions” means sections 159 and 162(2) of this Act.

(8) Until the coming into force of section 52 of the New Roads and Street Works Act 1991, sub-paragraph (2) above shall have effect as if the reference to Part III of that Act were a reference to the Public Utilities Street Works Act 1950; but nothing in this sub-paragraph shall be taken to prejudice the power of the Secretary of State under that Act of 1991 to make an order bringing that section 52 into force on different days for different purposes (including the purposes of this paragraph).

Protection for railways in connection with carrying out of flood defence functions

4

(1) Without prejudice to the preceding provisions of this Schedule, nothing in the flood defence provisions of this Act shall authorise any person, except with the consent of the railway company in question, to interfere with—

(a) any railway bridge or any other work connected with a railway; or

(b) the structure, use or maintenance of a railway or the traffic on it.

(2) A consent for the purposes of sub-paragraph (1) above may be given subject to reasonable conditions but shall not be unreasonably withheld.

(3) Subject to the following provisions of this Schedule, any dispute—

(a) as to whether anything interferes, or will interfere, as mentioned in sub-paragraph (1) above;

(b) as to whether any consent for the purposes of this paragraph is being unreasonably withheld; or

Protection for electronic communications networks

5

Part 10 of Schedule 3A to the Communications Act 2003 (the electronic communications code) (which provides a procedure for certain cases where works involve the alteration of electronic communications apparatus) shall apply to the appropriate agency for the purposes of any works carried out by the appropriate agency in exercise of any of the powers conferred by any enactment (including section 37 of the 1995 Act or, as the case may be, article 9 of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I.2012/1903)).

Interpretation

6

In this Schedule “railway company” means the British Railways Board, Transport for London or any subsidiary (within the meaning of the Greater London Authority Act 1999) of Transport for London, or any other person authorised by any enactment, or by any order, rule or regulation made under any enactment, to construct, work or carry on a railway.

SCHEDULE 23

Acquisition of mineral rights

1

(1) This paragraph applies in each of the following cases, that is to say—

(a) where the appropriate agency acquires any land (whether compulsorily in exercise of any power conferred by or under this Act or otherwise); and

(b) where the appropriate agency carries out any works in relation to any land for the purposes of, or in connection with, the carrying out of any of its functions.

(2) Subject to sub-paragraph (3) below, the appropriate agency shall not, by virtue only of its acquisition of the land or the carrying out of the works, become entitled to any mines or minerals lying under the land; and, accordingly, any such mines or minerals shall be deemed to be excepted from any instrument by virtue of which the land vests in the appropriate agency unless express provision to the contrary is contained—

(a) where the land vests in the appropriate agency by virtue of a conveyance, in the conveyance; or

(b) where the land is acquired by the appropriate agency in pursuance of any power of compulsory acquisition conferred by or under this Act, in the order authorising the acquisition.

(3) The appropriate agency shall be entitled to such parts of any mines or minerals that lie under the land as it may be necessary for it to dig, carry away or use in carrying out any works for the purpose of constructing, making, erecting or laying any part of its undertaking.

Notice required for the working of underlying mines

2

(1) If the owner of any mines or minerals underlying any part of the appropriate agency's undertaking proposes to work them, he shall, not less than thirty days before the commencement of working, serve notice of his intention to do so on the appropriate agency.

(2) On receipt of a notice under sub-paragraph (1) above the appropriate agency may cause the mines or minerals to be inspected by a person designated by it for the purpose.

(3) Subject to sub-paragraph (5) and paragraph 3 below, if, where notice has been served under this paragraph, the appropriate agency—

(a) considers that the working of the underlying mines or minerals is likely to damage any part of its undertaking;

(b) is willing to compensate the owner of the mines or minerals for the restriction imposed by virtue of this sub-paragraph; and

(c) serves notice to that effect on the owner of the mines or minerals before the end of the period of thirty days mentioned in sub-paragraph (1) above,

the owner shall not work the mines or minerals except to such extent as may be determined by the appropriate agency, and the appropriate agency shall so compensate the owner.

(4) Any dispute as to the amount of any compensation payable by virtue of sub-paragraph (3) above shall be referred to and determined by the Upper Tribunal.

(5) If before the end of the period of thirty days mentioned in sub-paragraph (1) above, no notice has been served under sub-paragraph (3)(c) above by the appropriate agency, the entitlement of the owner of the mines and minerals to work them shall be an entitlement to work them by proper methods and in the usual manner of working such mines or minerals in the district in question.

(6) If any damage to the undertaking of the appropriate agency is caused by the working otherwise than as authorised by this paragraph of any mines or minerals underlying any part of its undertaking—

(a) the owner of the mines or minerals shall, at his own expense, forthwith repair the damage; and

(b) the appropriate agency may, without waiting for the owner to perform his duty, repair the damage and may recover the expenses reasonably incurred by it in doing so from the owner.

Mining communications

3

(1) If the working of any mines or minerals is prevented by reason of any of the preceding provisions of this Schedule, the owner of the mines or minerals may cut and make such communication works through the mines or minerals, or the strata in which they are situated, as are required for the ventilation, drainage and working of mines or minerals which are not underlying any part of the undertaking of the appropriate agency.

(2) Communication works cut or made under this paragraph—

(a) shall not, in a case where—

(i) the part of the undertaking in question was constructed, made, erected or laid in pursuance of an order made under any enactment or is situated on land acquired by the appropriate agency in pursuance of any powers of compulsory acquisition; and

(ii) the order authorising the works or acquisition designates dimensions or sections for the communication works,

exceed those dimensions or fail to conform to those sections; and

(b) in any other case, shall not be more than 2.44 metres high or more than 2.44 metres wide.

(3) Communication works cut or made under this paragraph shall not be cut or made on the land where the part of the undertaking is situated so as to cause damage to that part of the undertaking.

(4) Where works carried out under this paragraph by the owner of any mines or minerals cause loss or damage to the owner or occupier of land lying over the mines or minerals, the appropriate agency shall pay full compensation to him for the loss or damage.

(5) Sub-paragraph (4) above shall not apply where the person sustaining the loss or damage is the owner of the mines.

(6) In this paragraph “communication works” means airways, headways, gateways or water levels.

Compensation relating to severance

4

(1) Where mines or minerals underlying any part of the appropriate agency's undertaking are situated so as, on two or more sides of that land, to extend beyond the land on which that part of the undertaking is situated, the appropriate agency shall from time to time pay to the owner of the mines or minerals (in addition to any compensation under paragraph 2 above) any expenses and losses incurred by him in consequence of—

(a) the severance by the undertaking of the land lying over the mines;

(b) the interruption of continuous working of the mines in consequence of paragraph 2(3) above;

(c) the mines being so worked in accordance with restrictions imposed by virtue of this Act or any order made under this Act,

and shall pay for any minerals not purchased by the appropriate agency which cannot be got or won by reason of the part of the undertaking in question being situated where it is or by reason of the requirement to avoid damage to any part of the appropriate agency's undertaking.

(2) Any dispute as to whether any sum should be paid under this paragraph, or as to the amount payable, shall be referred to the arbitration of a single arbitrator appointed by agreement between the appropriate agency and the owner of the mines or minerals or, in default of agreement, by the Secretary of State.

Powers of entry

5

(1) Any person designated in writing for the purpose by the appropriate agency may, for any purpose specified in sub-paragraph (2) below—

(a) enter on any land in which the mines or minerals are, or are thought to be, being worked, and which is in or near to the land where any part of the appropriate agency's undertaking is situated; and

(b) enter the mines and any works connected with the mines.

(2) The purposes mentioned in sub-paragraph (1) above are—

(a) carrying out any inspection under paragraph 2(2) above;

(b) ascertaining whether any mines or minerals have been worked so as to damage the undertaking of the appropriate agency; and

(c) carrying out any works and taking any other steps which the appropriate agency in question is authorised to carry out or take under paragraph 2(6) above.

(3) A person authorised to enter any premises under this paragraph may—

(a) make use of any equipment belonging to the owner of the mines or minerals in question; and

(b) use all necessary means for discovering the distance from any part of the undertaking of the appropriate agency to the parts of the mines or the minerals which are, or are about to be, worked.

(4) Schedule 20 to this Act shall apply in relation to the powers conferred by this paragraph as it applies to the powers conferred by sections 169 to 172 of this Act.

No exemption for injury to mines and minerals

6

Nothing in any provision of this Act or of any order made under this Act shall be construed as exempting the appropriate agency from any liability to which it would, apart from that provision, have been subject in respect of any damage to any mines or minerals underlying any part of its undertaking or in respect of any loss sustained in relation to any such mines or minerals by a person having an interest therein.

Interpretation

7

(1) In this Schedule—

“conveyance” has the same meaning as in the Law of Property Act 1925;

“designated distance”, in relation to any part of the appropriate agency's undertaking, means, subject to sub-paragraph (6) below, thirty-seven metres;

“mines” means mines of coal, ironstone, slate or other minerals;

“owner”, in relation to mines and minerals, includes a lessee or occupier; and

“underlying”, in relation to any part of the appropriate agency's undertaking, means lying under, or within the designated distance from, that part of that undertaking.

(2) For the purposes of this Schedule the appropriate agency's undertaking shall be taken to consist of so much of any of the following as is for the time being vested in or held by the appropriate agency for the purposes of, or in connection with, the carrying out of any of its functions, that is to say—

(a) any buildings, reservoirs, wells, boreholes or other structures; and

(b) any resource mains, discharge pipes or other underground works which are for the time being vested in the appropriate agency.

(3) References in this Schedule to the working of any mines or minerals include references to the draining of mines and to the winning or getting of minerals.

(4) For the purposes of this Schedule land shall be treated as acquired by the appropriate agency in pursuance of powers of compulsory acquisition if it—

(a) was so acquired by a water authority or any predecessor of a water authority; and

(b) is now vested in the appropriate agency in accordance with a scheme under Schedule 2 to the Water Act 1989 or otherwise.

(5) In relation to any land treated by virtue of sub-paragraph (4) above as acquired in pursuance of powers of compulsory acquisition, references in this Schedule to the order authorising the acquisition include references to any local statutory provision which immediately before 1st September 1989 had effect in relation to that land for the purposes of any provisions corresponding to the provisions of this Schedule.

(6) For the purposes of this Schedule where—

(a) any part of the appropriate agency's undertaking was constructed, made, erected or laid in pursuance of an order made under any enactment or is situated on land acquired by the appropriate agency in pursuance of any powers of compulsory acquisition; and

(b) the order authorising the works or acquisition designates any distance for the purposes of any enactment relating to mines or minerals underlying that part of the undertaking,

then for the purposes of this Schedule that distance (instead of the distance specified in subsection (1) above) shall be the designated distance in relation to that part of the undertaking.

SCHEDULE 24

Part I — PERSONS IN RESPECT OF WHOSE FUNCTIONS DISCLOSURE MAY BE MADE

Part II — ENACTMENTS ETC. IN RESPECT OF WHICH DISCLOSURE MAY BE MADE

SCHEDULE 25

Byelaws for regulating use of inland waters

1

(1) Subject to the following provisions of this paragraph but without prejudice to the powers conferred by the following provisions of this Schedule, where it appears to the appropriate agency to be necessary or expedient to do so for the purposes of any of the functions specified in sub-paragraphs (i), (iii) and (v) of section 2(1)(a) of the 1995 Act, the appropriate agency may make byelaws—

(a) prohibiting such inland waters as may be specified in the byelaws from being used for boating (whether with mechanically propelled boats or otherwise), swimming or other recreational purposes; or

(b) regulating the way in which any inland waters so specified may be used for any of those purposes.

(2) Byelaws made by the appropriate agency under this paragraph shall not apply to—

(a) any tidal waters or any discrete waters;

(b) any inland waters in relation to which functions are exercisable by a navigation authority, harbour authority or conservancy authority other than the appropriate agency; or

(3) Byelaws made in respect of any inland waters by virtue of this paragraph may—

(a) include provision prohibiting the use of the inland waters by boats which are not for the time being registered with the appropriate agency in such manner as the byelaws may provide; and

(b) authorise the appropriate agency to make reasonable charges in respect of the registration of boats in pursuance of the byelaws.

Byelaws for regulating the use of navigable waters etc.

2

(1) The appropriate agency shall have power to make such byelaws as are mentioned in sub-paragraph (3) below with respect to any inland waters in relation to which—

(a) there is a public right of navigation; and

(b) the condition specified in sub-paragraph (2) below is satisfied,

and with respect to any land associated with such waters.

(2) For the purposes of this paragraph the condition mentioned in sub-paragraph (1) above is satisfied in relation to any waters if navigation in those waters—

(a) is not for the time being subject to the control of any navigation authority, harbour authority or conservancy authority; or

(b) is subject to the control of such a navigation authority, harbour authority or conservancy authority as is prescribed for the purposes of this paragraph by reason of its appearing to the Secretary of State to be unable for the time being to carry out its functions.

(3) The byelaws referred to in sub-paragraph (1) above in relation to any inland waters or to any land associated with any such waters are byelaws for any of the following purposes, that is to say—

(a) the preservation of order in or on any such waters or land;

(b) the prevention of damage to anything in or on any such waters or land or to any such land;

(c) securing that persons resorting to any such waters or land so behave as to avoid undue interference with the enjoyment of the waters or land by others.

(4) Without prejudice to the generality of any of the paragraphs of sub-paragraph (3) above or to the power conferred on the appropriate agency by virtue of paragraph 4 below, the byelaws mentioned in that sub-paragraph include byelaws—

(a) regulating sailing, boating, bathing and fishing and other forms of recreation;

(b) prohibiting the use of the inland waters in question by boats which are not for the time being registered, in such manner as may be required by the byelaws, with the appropriate agency;

(d) authorising the making of reasonable charges in respect of the registration of boats for the purposes of the byelaws.

(5) In this paragraph “boat” includes a vessel of any description, and “boating” shall be construed accordingly.

Byelaws for regulating the use of the appropriate agency's waterways etc.

3

(1) The appropriate agency shall have power to make such byelaws as are mentioned in sub-paragraph (2) below with respect to any waterway owned or managed by the appropriate agency and with respect to any land held or managed with the waterway.

(2) The byelaws referred to in sub-paragraph (1) above in relation to any waterway or to any land held or managed with any such waterway are byelaws for any of the following purposes, that is to say—

(a) the preservation of order on or in any such waterway or land;

(b) the prevention of damage to anything on or in any such waterway or land or to any such land;

(c) securing that persons resorting to any such waterway or land so behave as to avoid undue interference with the enjoyment of the waterway or land by others.

(3) Without prejudice to the generality of any of the paragraphs of sub-paragraph (2) above or to the power conferred on the appropriate agency by virtue of paragraph 4 below, the byelaws mentioned in that sub-paragraph include byelaws—

(a) regulating sailing, boating, bathing and fishing and other forms of recreation;

(b) prohibiting the use of the waterway in question by boats which are not for the time being registered, in such manner as may be required by the byelaws, with the appropriate agency;

(d) authorising the making of reasonable charges in respect of the registration of boats for the purposes of the byelaws.

(4) In this paragraph—

“boat” and “boating” have the same meanings as in paragraph 2 above; and

“waterway” has the same meaning as in the National Parks and Access to the Countryside Act 1949.

Byelaws for controlling certain forms of pollution

4

(1) The appropriate agency may by byelaws make such provision as the appropriate agency considers appropriate—

(a) for prohibiting or regulating the washing or cleaning in any controlled waters of things of a description specified in the byelaws;

(b) for prohibiting or regulating the keeping or use on any controlled waters of vessels of a description specified in the byelaws which are provided with water closets or other sanitary appliances.

(2) In this paragraph—

“controlled waters” has the same meaning as in Part III of this Act; and

“sanitary appliance”, in relation to a vessel, means any appliance which—

(a) not being a sink, bath or shower bath, is designed to permit polluting matter to pass into the water where the vessel is situated; and

(b) is prescribed for the purposes of this paragraph.

Byelaws for flood defence and drainage purposes

5

(1) The appropriate agency may make such byelaws in relation to any particular locality or localities as it considers necessary for any of Purposes 1 to 4.

(1A) Purpose 1 is to secure the efficient working of a drainage system.

(1B) Purpose 2 is to regulate the effects on the environment of a drainage system.

(1C) Purpose 3 is to secure the effectiveness of flood risk management work within the meaning of section 165.

(1D) Purpose 4 is to secure the effectiveness of works done in reliance on section 38 or 39 of the Flood and Water Management Act 2010 (incidental flooding or coastal erosion).

(2) Without prejudice to the generality of sub-paragraph (1) above and subject to sub-paragraph (3) below, the appropriate agency may, in particular, make byelaws for any of the following purposes, that is to say—

(a) regulating the use and preventing the improper use of any watercourses, banks or works vested in the appropriate agency or under its control or for preserving any such watercourses, banks or works from damage or destruction;

(b) regulating the opening of sluices and flood gates in connection with any such works as are mentioned in paragraph (a) above;

(c) preventing the obstruction of any watercourse vested in the appropriate agency or under its control by the discharge into it of any liquid or solid matter or by reason of any such matter being allowed to flow or fall into it;

(d) compelling the persons having control of any watercourse vested in the appropriate agency or under its control, or of any watercourse flowing into any such watercourse, to cut the vegetable growths in or on the bank of the watercourse and, when cut, to remove them.

(3) No byelaw for any purpose specified in sub-paragraph (2)(a) above shall be valid if it would prevent reasonable facilities being afforded for enabling a watercourse to be used by stock for drinking purposes.

(3A) If, in any particular case,—

(a) a marine licence is needed for the carrying on of any activity,

(b) before that activity may be carried on, the consent of the appropriate agency would also be required (apart from this sub-paragraph) by virtue of any byelaw under this paragraph, and

(c) the appropriate agency considers that, in view of the terms and conditions that will be included in the marine licence, the requirement for the consent of the appropriate agency may be dispensed with, and issues a notice to that effect,

the requirement for the consent of the appropriate agency does not apply in relation to the carrying on of that activity.

(3B) In sub-paragraph (3A) “marine licence” has the same meaning as in Part 4 of the Marine and Coastal Access Act 2009.

(4) Notwithstanding anything in this Act, no byelaw made by the appropriate agency under this paragraph shall conflict with or interfere with the operation of—

(a) any byelaw made by a navigation authority, harbour authority or conservancy authority;

(b) any byelaw made under section 129 , 129A, 129B or 132(1) or (1A) of the Marine and Coastal Access Act 2009 (byelaws for marine conservation in England);

(c) any order made under section 134 , 134A, 134B or 136(1) or (1A) of that Act (orders for marine conservation in Wales).

(5) In this paragraph “banks”, “drainage” and “watercourse” have the same meanings as in Part IV of this Act.

Byelaws for purposes of fisheries functions

6

(1) The appropriate agency shall have power, in relation to the whole or any part or parts of the area in relation to which it carries out its functions relating to fisheries under Part V of this Act, to make byelaws generally for the purposes of—

(a) the better execution of the Salmon and Freshwater Fisheries Act 1975; and

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