Legalize / United Kingdom / Wales / Welsh-Statutory-Instrument

The Natural Resources Body for Wales (Functions) Order 2013

Type Welsh-Statutory-Instrument

Publication 2013-03-25

Last updated 2020-12-31

State In force

Jurisdiction Wales

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(1) Section 37A is amended as follows.

(2) In subsection (1)(b), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

(3) In subsection (2)—

(a) in paragraph (b), at the end insert “ and ”;

(b) omit paragraph (c) (including the “and” at the end).

(4) After subsection (2) insert—

(2A) Subject to subsection (3), upon receipt of a notification under subsection (1), Natural England shall, in turn, notify the Environment Agency.

(5) In subsection (3), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

176

In sections 39(5)(e) and 41A, for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

177

Omit section 47.

178

In section 49, for “the Countryside Council for Wales”, in each place where it occurs, substitute “ the Natural Resources Body for Wales ”.

179

In sections 50(1)(a), 51(2)(a) and 70B(7)(b), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

Animal Health Act 1981 (c. 22)

180

In section 21(9) of the Animal Health Act 1981, in the definition of “appropriate conservation body”, for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

Telecommunications Act 1984 (c. 12)

181

In section 98(9) of the Telecommunications Act 1984, in the definition of “water authority”, in paragraph (a), for the words from “means” to “or” substitute “ means the Environment Agency, the Natural Resources Body for Wales or ”.

Road Traffic Regulation Act 1984 (c. 27)

182

In section 22 of the Road Traffic Regulation Act 1984, in subsections (1)(a)(iv) and (3), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

Inheritance Tax Act 1984 (c. 51)

183

In Schedule 3 to the Inheritance Tax Act 1984, for “Countryside Council for Wales” substitute “ The Natural Resources Body for Wales ”.

Housing Act 1985 (c. 68)

184

In section 573(1) of the Housing Act 1985, after “a Welsh planning board,” insert— “ the Natural Resources Body for Wales, ”.

Agriculture Act 1986 (c. 49)

185

In section 18(2)(b) of the Agriculture Act 1986, for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

Farm Land and Rural Development Act 1988 (c. 16)

186

In section 2(7) of the Farm Land and Rural Development Act 1988, after “Forestry Act 1979” insert “ or the power of the Natural Resources Body for Wales to pay grants under article 10B of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903) ”.

Local Government Finance Act 1988 (c. 41)

187

In Schedule 5 to the Local Government Finance Act 1988, in paragraph 14(2), for the words from “means” to “or” substitute “ means the Environment Agency, the Natural Resources Body for Wales or ”.

Control of Pollution (Amendment) Act 1989 (c. 14)

188

The Control of Pollution (Amendment) Act 1989 is amended as follows.

189

In section 5C(2), after paragraph (a) insert—

(aa) where received by the Natural Resources Body for Wales, must be paid to the Welsh Ministers;

190

In section 9(1), in the definition of “regulation authority”—

(a) in paragraph (a), omit “and Wales” and the “and” at the end;

(b) after paragraph (a) insert—

(aa) in relation to Wales, the Natural Resources Body for Wales; and

(c) in the closing words, for “and Wales or, as the case may be, in Scotland” substitute “ , Wales or Scotland as the case may be ”.

Water Act 1989 (c. 15)

191

The Water Act 1989 is amended as follows.

192

(1) Section 174 is amended as follows.

(2) In subsection (2)(a)—

(a) after “the Scottish Environment Protection Agency,” insert “ the Natural Resources Body for Wales, ”;

(b) for “or the Water Act 2003” substitute “ , the Water Act 2003 or the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903) ”.

(3) In subsection (4)(a), after “the Scottish Environment Protection Agency,” insert “ the Natural Resources Body for Wales ”.

193

(1) In Schedule 25, paragraph 1 is amended as follows.

(2) After sub-paragraph (1)(a) insert—

(aa) the Natural Resources Body for Wales;

(3) In sub-paragraph (3), after “The Environment Agency,” insert “ the Natural Resources Body for Wales, ”.

(4) In sub-paragraph (6), after “the Environment Agency,” insert “ the Natural Resources Body for Wales, ”.

(5) In sub-paragraph (9)(a), after “the Environment Agency” insert “ or the Natural Resources Body for Wales ”.

(6) In sub-paragraph (11), after “the Environment Agency” insert “ or the Natural Resources Body for Wales ”.

Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22)

194

In Schedule 5 to the Road Traffic (Driver Licensing and Information Systems) Act 1989, in paragraph 8, in the definition of “relevant undertaker”, in paragraph (e), for the words before “or any” substitute “ the Environment Agency, the Natural Resources Body for Wales ”.

Electricity Act 1989 (c. 29)

195

The Electricity Act 1989 is amended as follows.

196

(1) Schedule 4 is amended as follows.

(2) In paragraph 3(1)(c), after “National Rivers Authority,” insert “ the Natural Resources Body for Wales, ”.

(3) In paragraph 4(1)(b), after “the Environment Agency,” insert “ the Natural Resources Body for Wales, ”.

197

In Schedule 9, in paragraph 2(2)(b), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

Town and Country Planning Act 1990 (c. 8)

198

The Town and Country Planning Act 1990 is amended as follows.

199

(1) Section 200 is amended as follows.

(2) In subsection (1)(a), after “Forestry Commissioners” insert “ or the Natural Resources Body for Wales ”.

(3) In subsection (2)—

(a) in the opening words, after “Forestry Commissioners” insert “ or the Natural Resources Body for Wales ”;

(b) in paragraph (b)—

(i) after “made” insert “ by the Forestry Commissioners ”;

(ii) at the end insert “ or made by the Natural Resources Body for Wales under article 10B of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903) for or in connection with the use or management of land for forestry purposes ”.

(4) Accordingly, in the heading to section 200, after “Forestry Commissioners” insert “ and Natural Resources Body for Wales ”.

200

(1) Section 204 is amended as follows.

(2) For “Forestry Commissioners”, in each place where it occurs, substitute “ Natural Resources Body for Wales ”.

(3) In subsection (1)(b), for “section 1 of the Forestry Act 1979” substitute “ article 10B of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903) ”.

201

In section 252(12)(i), for the words after “including a reference to” substitute “ the Environment Agency and the Natural Resources Body for Wales, and ”.

202

In section 262(3), for the words from “sewerage undertaker” to “any universal” substitute “ sewerage undertaker, the Environment Agency, the Natural Resources Body for Wales, any universal ”.

203

In section 265(3), omit “and” at the end of paragraph (a) and after that paragraph insert—

(aa) in relation to the Natural Resources Body for Wales, means the Secretary of State or the Secretary of State for Environment, Food and Rural Affairs; and

204

(1) In Schedule 5, paragraph 4 is amended as follows.

(2) For “Forestry Commission”, in each place where it occurs, substitute “ appropriate body ”.

(3) In sub-paragraph (4), for “Commission” substitute “ appropriate body ”.

(4) After sub-paragraph (5) insert—

(6) In this paragraph “appropriate body” means— (a) in relation to England, the Forestry Commission; and (b) in relation to Wales, the Natural Resources Body for Wales.

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

205

In section 91(3)(b) of the Planning (Listed Buildings and Conservation Areas) Act 1990, for the words after “Electricity Act 1989,” substitute “ the Environment Agency, the Natural Resources Body for Wales and every water or sewerage undertaker. ”

Planning (Hazardous Substances) Act 1990 (c. 10)

206

In section 39(5) of the Planning (Hazardous Substances) Act 1990, for the words from “38(2)” to “every” substitute “ 38(2) the Environment Agency, the Natural Resources Body for Wales and every ”.

Environmental Protection Act 1990 (c. 43)

207

The 1990 Act is amended as follows.

208

(1) Section 30(1) is amended as follows.

(2) In paragraph (a), omit “and Wales” and the “and” at the end.

(3) After paragraph (a) insert—

(aa) in relation to Wales, is a reference to the Natural Resources Body for Wales; and

(4) In the closing words, after “Environment Agency” insert “ , the Natural Resources Body for Wales ”.

209

In section 33A(5), after “Environment Agency” insert “ , the Natural Resources Body for Wales ”.

210

(1) Section 33B is amended as follows.

(2) In subsection (3), after paragraph (a) insert—

(aa) the Natural Resources Body for Wales;

(3) In subsection (4)—

(a) after “Environment Agency” insert “ , the Natural Resources Body for Wales ”;

(b) after “Agency” insert “ , Body ”.

211

In section 33C(10), in the definition of “relevant enforcement authority” omit “or” at the end of paragraph (a) and after that paragraph insert—

(aa) the Natural Resources Body for Wales, where the proceedings in respect of the offence have been brought by or on behalf of that Body, or

212

In section 34A(14), in the definition of “enforcement authority” after “Environment Agency” insert “ , the Natural Resources Body for Wales ”.

213

In section 34B(11), in the definition of “enforcement authority”, omit “or” at the end of paragraph (a) and after that paragraph insert—

(aa) the Natural Resources Body for Wales, or

214

In section 36(7), for “Countryside Council for Wales” substitute “ Natural Resources Body for Wales ”.

215

In section 73A, after subsection (1) insert—

(1A) The Natural Resources Body for Wales must pay amounts received by it under section 34A above to the Welsh Ministers.

216

In section 78A(9), in the definition of “the appropriate Agency”—

(a) in paragraph (a), omit “and Wales”;

(b) after paragraph (b) insert—

(c) in relation to Wales, the Natural Resources Body for Wales;

217

(1) Section 78L(1) is amended as follows.

(2) In paragraph (a), for “, or served by the Environment Agency in relation to land in England” substitute “ or by the Environment Agency ”.

(3) In paragraph (b), for “, or served by the Environment Agency in relation to land in Wales” substitute “ or by the Natural Resources Body for Wales ”.

218

In section 78U(1), for “in England and Wales or in Scotland” substitute “ in England, Wales or Scotland ”.

Coal Mining Subsidence Act 1991 (c. 45)

219

The Coal Mining Subsidence Act 1991 is amended as follows.

220

In section 36(8), in the definition of “the appropriate drainage authority”, in paragraph (a), for the words after “internal drainage district” substitute

— (i) in relation to measures to be carried out wholly in England, the Environment Agency; (ii) in relation to measures to be carried out wholly in Wales, the Natural Resources Body for Wales; (iii) in relation to measures to be carried out partly in England and partly in Wales, either of those bodies;

221

In section 52(1), in the definition of “statutory undertakers”, in paragraph (b), for the words from “undertaker” to “electronic” substitute “ undertaker, the Environment Agency, the Natural Resources Body for Wales, any electronic ”.

Deer Act 1991 (c. 54)

222

In section 8(2) of the Deer Act 1991, for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

Water Industry Act 1991 (c. 56)

223

The Water Industry Act 1991 is amended as follows.

224

(1) Section 3(4) is amended as follows.

(2) At the end of paragraph (a), omit “or”.

(3) After paragraph (a) insert—

(aa) the functions of the NRBW; or

(4) After “Environment Agency”, in the second place where it occurs, insert “ , the NRBW, ”.

225

(1) Section 4 is amended as follows.

(2) For “the Countryside Council for Wales”, in each place where it occurs, substitute “ the NRBW ”.

(3) In subsection (1), in the closing words, for “the Council” substitute “ the NRBW ”.

226

(1) Section 5(4) is amended as follows.

(2) In paragraph (a), after “Agency” insert “ and the NRBW ”.

(3) In paragraph (b), omit “and the Countryside Council for Wales”.

227

In section 17F(7), after paragraph (d) insert—

(da) on the NRBW;

228

(1) Section 17G(4)(a) is amended as follows.

(2) At the end of sub-paragraph (iv) omit “and”.

(3) After sub-paragraph (iv) insert—

(v) the NRBW; and

229

(1) Section 37A is amended as follows.

(2) In subsection (8)—

(a) in paragraph (a), after “Agency” insert “ , if the plan (or revised plan) would affect water resources in England; ”;

(b) after paragraph (a) insert—

(aa) the NRBW, if the plan (or revised plan) would affect water resources in Wales;

(3) For subsection (9) substitute—

(9) Before giving a direction under subsection (6)(b), the Secretary of State shall consult— (a) the Environment Agency, if the revised plan would affect water resources in England, and (b) the NRBW, if the revised plan would affect water resources in Wales. (9A) Before giving a direction under subsection (6)(b), the Welsh Ministers shall consult— (a) the NRBW, if the revised plan would affect water resources in Wales, and (b) the Environment Agency, if the revised plan would affect water resources in England.

230

(1) Section 39B is amended as follows.

(2) In subsection (7)—

(a) in paragraph (a), after “Agency” insert “ , if the plan (or revised plan) would affect water resources in England; ”;

(b) after paragraph (a) insert—

(aa) the NRBW, if the plan (or revised plan) would affect water resources in Wales;

(3) For subsection (11) substitute—

(11) Before giving a direction under subsection (6)(b), the Secretary of State shall consult— (a) the Environment Agency, if the revised plan would affect water resources in England, and (b) the NRBW, if the revised plan would affect water resources in Wales. (11A) Before giving a direction under subsection (6)(b), the Welsh Ministers shall consult— (a) the NRBW, if the revised plan would affect water resources in Wales, and (b) the Environment Agency, if the revised plan would affect water resources in England.

231

In section 40, for subsection (5) substitute—

(5) The Authority shall not make an order under this section unless it has first consulted— (a) the Environment Agency, if the order applies to a supply of water that would affect water resources in England; (b) the NRBW, if the order applies to a supply of water that would affect water resources in Wales.

232

In section 40A, for subsection (3) substitute—

(3) Before making any order under this section the Authority shall consult— (a) the Environment Agency, if the order applies to a bulk supply agreement that would affect water resources in England; (b) the NRBW, if the order applies to a bulk supply agreement that would affect water resources in Wales.

233

(1) Section 66F is amended as follows.

(2) In subsection (2), for the words from “the Secretary” to “Agency” substitute “ the persons specified in subsection (2A) ”.

(3) After subsection (2) insert—

(2A) The persons specified for the purposes of subsection (2) are— (a) the Secretary of State (subject to subsections (3) and (4) below); (b) the Environment Agency, if the determination is in relation to a supply of water that would affect water resources in England; (c) the NRBW, if the determination is in relation to a supply of water that would affect water resources in Wales.

234

(1) Section 66G(4) is amended as follows.

(2) In paragraph (c), after “the Environment Agency” insert “ , if the request or proposed determination relates to an introduction of water to the supply system of a water undertaker for the purpose of supplying water to premises in England ”.

(3) After paragraph (c) insert—

(ca) the NRBW, if the request or proposed determination relates to an introduction of water to the supply system of a water undertaker for the purpose of supplying water to premises in Wales;

235

(1) Section 66H(4) is amended as follows.

(2) In paragraph (c), after “the Environment Agency” insert “ , if the request or proposed determination relates to an introduction of water to the supply system of a water undertaker for the purpose of supplying water to premises in England ”.

(3) After paragraph (c) insert—

(ca) the NRBW, if the request or proposed determination relates to an introduction of water to the supply system of a water undertaker for the purpose of supplying water to premises in Wales;

236

(1) Section 71 is amended as follows.

(2) For “Environment Agency”, in each place where it occurs, substitute “ appropriate agency ”.

(3) In subsection (6), for “the Agency” substitute “ the appropriate agency ”.

(4) After subsection (8) insert—

(9) In this section “the appropriate agency” means— (a) the Environment Agency, in relation to a well, borehole or other work in England; (b) the NRBW, in relation to a well, borehole or other work in Wales.

237

(1) Section 101A is amended as follows.

(2) In subsection (5)—

(a) in paragraph (a), after “the Environment Agency” insert “ , if the guidance applies to premises in England ”;

(b) after paragraph (a) insert—

(aa) the NRBW, if the guidance applies to premises in Wales;

(3) In subsections (7) to (10), for “Environment Agency”, in each place where it occurs, substitute “ appropriate agency ”.

(4) After subsection (10) insert—

(11) In this section “the appropriate agency” means— (a) the Environment Agency, in relation to disputes between sewerage undertakers and owners or occupiers of premises in England; (b) the NRBW, in relation to disputes between sewerage undertakers and owners or occupiers of premises in Wales.

238

In section 110A, for subsection (6) substitute—

(6) The Authority shall not make an order under this section unless it has first consulted— (a) the Environment Agency, where the proposed main connection would discharge to a sewerage system that would dispose of that discharge to any controlled waters in England; (b) the NRBW, where the proposed main connection would discharge to a sewerage system that would dispose of that discharge to any controlled waters in Wales.

239

In section 120, for “the Environment Agency” and “the Agency”, in each place where they occur, substitute “ the appropriate agency ”.

240

(1) Section 123 is amended as follows.

(2) For “Environment Agency”, in each place where it occurs, substitute “ appropriate agency ”.

(3) In subsection (3)(b), for “Environment Agency's”, substitute “ appropriate agency's ”.

241

(1) Section 127 is amended as follows.

(2) For “Environment Agency”, in each place where it occurs (including in the heading to that section), substitute “ appropriate agency ”.

(3) In subsection (2)(b), for “Environment Agency's” substitute “ appropriate agency's ”.

242

(1) Section 130 is amended as follows.

(2) For “Environment Agency”, in each place where it occurs (including in the heading to that section), substitute “ appropriate agency ”.

(3) For “the Agency”, in each place where it occurs, substitute “ the appropriate agency ”.

243

(1) Section 131 is amended as follows.

(2) For “Environment Agency” in each place where it occurs (including in the heading to that section), substitute “ appropriate agency ”.

(3) In subsection (2)(b), for “Environment Agency's” substitute “ appropriate agency's ”.

244

(1) Section 132 is amended as follows.

(2) In subsection (1), for “Environment Agency”, in each place where it occurs, substitute “ appropriate agency ”.

(3) In subsection (2)—

(a) in the opening words, for “Environment Agency” substitute “ appropriate agency ”;

(b) in paragraph (a)—

(i) in the opening words, for “Environment Agency” substitute “ appropriate agency ”;

(ii) before sub-paragraph (i) insert—

(ai) where the Environment Agency is the appropriate agency, to the NRBW if the discharge or proposed discharge of special category effluent is from trade premises in England; (bi) where the NRBW is the appropriate agency, to the Environment Agency if the discharge or proposed discharge of special category effluent is from trade premises in Wales;

(4) In subsection (3)—

(a) for “Environment Agency” substitute “ appropriate agency ”;

(b) for “the sewerage undertaker in question and on the person specified in subsection (2)(a)(ii)” substitute “ any person consulted under subsection (2)(a) ”.

(5) In subsection (4)(c), for “Environment Agency” substitute “ appropriate agency ”.

(6) In subsection (6), for “the Environment Agency” and “the Agency” substitute “ the appropriate agency ”.

(7) In subsection (8), for “Environment Agency” substitute “ appropriate agency ”.

245

In section 133(6)—

(a) for “Environment Agency” substitute “ appropriate agency ”;

(b) for “the sewerage undertaker in question and on the person specified in section 132(2)(a)(ii)” substitute “ any person consulted under section 132(2)(a) ”.

246

(1) Section 134 is amended as follows.

(2) In subsection (1), for “Environment Agency” and “Environment Agency's”, substitute “ appropriate agency ” and “ appropriate agency's ” respectively.

(3) In subsection (2)—

(a) for “Environment Agency”, in each place where it occurs, substitute “ appropriate agency ”;

(b) in paragraph (b), for “the Agency” substitute “ the appropriate agency ”.

247

(1) Section 135A is amended as follows.

(2) In subsection (1)—

(a) for “Environment Agency” substitute “ appropriate agency ”;

(b) for “that Agency” substitute “ that appropriate agency ”.

(3) Accordingly, in the heading to section 135A, for “Environment Agency” substitute “ appropriate agency ”.

248

In section 141(1), in the appropriate place insert—

“appropriate agency” means— (a) in relation to the discharge or proposed discharge of special category effluent to a public sewer that directly or indirectly discharges or is to discharge (other than via a storm-water overflow sewer) that effluent to any controlled waters in England, the Environment Agency; (b) in relation to the discharge or proposed discharge of special category effluent to a public sewer that directly or indirectly discharges or is to discharge (other than via a storm-water overflow sewer) that effluent to any controlled waters in Wales, the NRBW;

249

In section 156(4), for “the Countryside Council for Wales”, in each place where it occurs, substitute “ the NRBW ”.

250

(1) Section 161 is amended as follows.

(2) In subsection (3)(b), after “the Environment Agency”, in each place where it occurs, insert “ or the NRBW ”.

(3) In subsection (4), after “the Environment Agency” insert “ , where the proposed works will affect any watercourse in England, and the NRBW, where the proposed works will affect any watercourse in Wales, ”.

251

(1) Section 166 is amended as follows.

(2) In subsection (1), for “the Environment Agency” substitute “ the appropriate agency ”.

(3) After subsection (9) insert—

(10) In this section “the appropriate agency” means— (a) the Environment Agency, in relation to discharges of water in England; (b) the NRBW, in relation to discharges of water in Wales.

252

In section 184(1), after “Environment Agency”, in each place where it occurs, insert “ or the NRBW ”.

253

In section 195(2)(bb), for “or the Environment Agency” substitute “ , the Environment Agency or the NRBW ”.

254

In section 202(6), after “the Environment Agency” insert “ or on the Welsh Ministers with respect to the NRBW ”.

255

(1) Section 206 is amended as follows.

(2) In subsection (3)(a)—

(a) after “the Environment Agency,” insert “ the NRBW, ”;

(b) for “or the Water Act 2003” substitute “ the Water Act 2003 or the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903) ”.

(3) In subsection (4)(a), after “the Environment Agency,” insert “ the NRBW, ”.

256

In section 209(3)(a), after “the Environment Agency,” insert “ the NRBW, ”.

257

In section 215(3)—

(a) after “the Environment Agency”, in the first place where it occurs, insert “ or the NRBW ”;

(b) after “the Environment Agency”, in the second place where it occurs, insert “ or, as the case may be, the NRBW ”.

258

(1) Section 217 is amended as follows.

(2) In subsection (2), after “the Environment Agency”, in the first and second places where it occurs, insert “ or the NRBW ”.

(3) In subsection (3), after “the Environment Agency”, in each place where it occurs, insert “ or the NRBW ”.

(4) In subsection (4), after “the Environment Agency,” insert “ on the NRBW, ”.

(5) In subsection (7), after “the Environment Agency” insert “ or the NRBW ”.

259

(1) Section 219(1) is amended as follows.

(2) In the definition of “public authority”, after “Environment Agency,” insert “ the NRBW, ”.

(3) In the definition of “watercourse”, after “Environment Agency” insert “ , the NRBW ”.

(4) In the appropriate place insert—

“the NRBW” means the Natural Resources Body for Wales;

260

(1) Section 221 is amended as follows.

(2) In subsection (2), for “Environment Agency” substitute “ appropriate agency ”.

(3) In subsection (7), in the appropriate place insert—

“the appropriate agency” means— (a) in relation to any act or omission of the Crown in England, the Agency; (b) in relation to any act or omission of the Crown in Wales, the NRBW;

261

In Schedule 1A, after paragraph 9(3)(c) insert—

(ca) the NRBW;

262

(1) In Schedule 11, paragraph 1(3) is amended as follows.

(2) In paragraph (a), after “Environment Agency” insert “ , if the whole or any part of a relevant locality is in England ”.

(3) After paragraph (a) insert—

(aa) the NRBW, if the whole or any part of a relevant locality is in Wales;

263

(1) In Schedule 13, paragraph 1 is amended as follows.

(2) In sub-paragraph (2), after “the Environment Agency”, in each place where it occurs, insert “ or the NRBW ”.

(3) In sub-paragraph (5)(a), after “the Environment Agency,” insert “ the NRBW, ”.

Water Resources Act 1991 (c. 57)

264

The Water Resources Act 1991 is amended as follows.

265

(1) Section 15 is amended as follows.

(2) In subsection (1)—

(a) after “Agency”, in the first place where it occurs, insert “ and the NRBW ”;

(b) for “its” substitute “ their ”;

(3) In subsection (2)—

(a) in paragraph (a), for “or the Water Act 1989” substitute “ , the Water Act 1989 or the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903) ”;

(b) after “Agency”, in the first and second places where it occurs, insert “ or the NRBW ”;

266

(1) Sections 20 and 20A are amended as follows.

(2) For “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

(3) In subsection (1) of each of those sections, in the closing words, after “section 6(2)” insert “ or, as the case may be, section 6(2A) ”.

267

In section 20B, for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

268

(1) Section 20C is amended as follows.

(2) For “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

(3) In subsection (1), after “section 6(2)” insert “ or, as the case may be, section 6(2A) ”.

269

(1) Section 21 is amended as follows.

(2) For “Agency”, in each place where it occurs (except in subsection (3)(za)), substitute “ appropriate agency ”.

(3) In subsection (3)—

(a) before paragraph (a) insert—

(za) if those waters are in Wales and there are related inland waters in England, the Agency; (zb) if those waters are in England and there are related inland waters in Wales, the NRBW;

(b) in paragraph (e) omit “wholly or partly”.

270

In the following provisions, for “Agency” and “Agency's”, in each place where they occur, substitute “ appropriate agency ” and “appropriate agency's” respectively—

(a) sections 22 to 24 (including the heading to section 22);

(b) section 25(1A)(a);

(d) section 25C;

(e) section 27A;

(f) section 32(3);

(g) sections 33A to 45;

(h) section 46A(2);

(i) sections 51 to 57 (including the heading to section 52);

(j) sections 59A to 59C;

(k) sections 60 to 64 (including the headings to sections 60, 63 and 64);

(l) section 66(3);

(m) section 69(2);

(n) sections 73 to 75;

(o) sections 77 to 79.

271

(1) Section 79A is amended as follows.

(2) For “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

(3) Omit subsection (7)(c).

272

In section 83 for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

273

(1) Section 84 is amended as follows.

(2) In subsection (1), for “Agency” substitute “ appropriate agency ”.

(3) In subsection (2)—

(a) in the opening words, for “Agency” substitute “ appropriate agency ”;

(b) at the end of paragraph (a) omit “and”;

(aa) in the case of the NRBW, to consult, in such cases as it may consider appropriate, with the Agency; and

(d) in paragraph (b)—

(i) at the beginning insert “ in the case of the Agency, ”;

(ii) at the end insert “ or with the NRBW ”.

274

In the following provisions, for “Agency”, in each place where it occurs, substitute “ appropriate agency ”

(a) sections 91B to 97 (including the heading to section 91B);

(b) sections 105 to 111 (including the heading to section 108);

(d) sections 115 and 116;

(e) the heading to Part 6.

275

(1) Section 118 is amended as follows.

(2) In subsection (1)—

(a) in the opening words, for “Agency” substitute “ appropriate agency ”;

(b) in paragraph (a), for “Agency's” substitute “ appropriate agency's ”;

(d) in paragraph (b)—

(i) before “shall be disregarded” insert “ where the appropriate agency is the Agency, ”;

(ii) at the end, for “.” substitute “ ; and ”;

(e) after paragraph (b) insert—

(c) where the appropriate agency is the NRBW, shall be disregarded in determining the amount of any surplus for the purposes of article 13 of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903).

(3) In subsections (2), (3) and (5), for “Agency” and “Agency's”, in each place where they occur, substitute “ appropriate agency ” and “ appropriate agency's ” respectively.

276

In sections 120 to 143, for “Agency” and “Agency's”, in each place where they occur (including in the headings to sections 120 and 143), substitute “ appropriate agency ” and “ appropriate agency's ” respectively.

277

In the heading to Chapter 1 of Part 7, for “Agency” substitute “ appropriate agency ”.

278

(1) Section 154 is amended as follows.

(2) In subsection (1)—

(a) after “Agency”, in each place where it occurs, insert “ or the NRBW ”;

(b) for “either of the Ministers” substitute “ the relevant Minister ”.

(3) In subsection (2)—

(a) in the opening words, for “each of the Ministers” substitute “ the relevant Minister ”;

(b) in paragraph (b)—

(i) after “Agency”, in the first place where it occurs, insert “ or, as the case may be, by the NRBW, ”;

(ii) after “Agency”, in the second place where it occurs, insert “ or the NRBW ”.

(4) In subsections (3) and (4), after “Agency” insert “ or the NRBW ”.

(5) In subsection (6)—

(a) after “(incidental general powers of the Agency)” insert “ or article 9 of the Natural Resources Body for Wales (Establishment) Order 2012 (general incidental function of the Body) (S.I. 2012/1903) ”;

(b) after “on the Agency” insert “ or the NRBW ”;

(6) After subsection (6) insert—

(7) In this section, in relation to the NRBW, references to functions have effect as references to relevant transferred functions. (8) In subsections (1) and (2), “the relevant Minister” means— (a) in relation to land in England, the Secretary of State; and (b) in relation to land in Wales, the Welsh Ministers.

279

(1) Section 155 is amended as follows.

(2) In subsection (1)—

(a) after “the Agency”, in the first and second places where it occurs, insert “ or the NRBW ”;

(b) after “the Agency”, in the third place where it occurs, insert “ and the NRBW ”;

(c) after “for the purpose of carrying out its functions” insert “ or, as the case may be, its relevant transferred functions ”.

(3) In subsections (3) and (4), after “the Agency” insert “ or, as the case may be, the NRBW ”.

(4) In subsection (5)—

(a) after “the Agency”, in the first and second places where it occurs, insert “ or, as the case may be, the NRBW ”;

(b) in paragraph (b), after “the Agency”, in each place where it occurs, insert “ or the NRBW ”.

(5) In subsection (6), after “the Agency” insert “ or, as the case may be, the NRBW ”.

280

(1) Section 156 is amended as follows.

(2) In subsection (1)—

(a) after “(incidental general powers of the Agency)” insert “ or article 9 of the Natural Resources Body for Wales (Establishment) Order 2012 (general incidental function of the Body) (S.I. 2012/1903) ”;

(b) after “the Agency”, in the second place where it occurs, insert “ or, as the case may be, the NRBW, ”;

(3) In subsection (2)—

(a) after “(incidental general powers of the Agency)” insert “ or article 9 of the Natural Resources Body for Wales (Establishment) Order 2012 (general incidental function of the Body) (S.I. 2012/1903) ”;

(b) after “the Agency”, in the second place where it occurs, insert “ or, as the case may be, the NRBW, ”.

281

(1) Section 157 is amended as follows.

(2) In subsection (1), after “the Agency” insert “ and the NRBW ”.

(3) In subsection (2), after “the Agency” insert “ or, as the case may be, the NRBW ”.

(4) After subsection (6) insert—

(7) In this section “compulsorily acquired land”, in relation to the NRBW, means any land of the NRBW which— (a) was acquired by the NRBW compulsorily under the provisions of section 154 above or of an order under section 168 below; (b) was acquired by the NRBW at a time when it was authorised under those provisions to acquire the land compulsorily; or (c) being land which has been transferred to the NRBW from the Agency in accordance with a scheme made under section 23 of the Public Bodies Act 2011, was compulsorily acquired land of the Agency within the meaning of subsection (6).

282

(1) Section 158 is amended as follows.

(2) In subsection (1)—

(a) after “section 37 of the 1995 Act (incidental powers of the Agency)” insert “ , or (as the case may be) of the NRBW by virtue of article 9 of the Natural Resources Body for Wales (Establishment) Order 2012 (general incidental function of the Body) (S.I. 2012/1903), ”;

(b) in paragraph (a), for “Agency” and “Agency's” substitute “ appropriate agency ” and “ appropriate agency's ” respectively;

(3) In subsection (2), for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

(4) In subsection (3), for “Agency” substitute “ appropriate agency ”.

283

In sections 159 to 161B and 161D to 164, for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

284

(1) Section 165 is amended as follows.

(2) In subsections (1), (1A), (2) and (3), for “Agency” substitute “ appropriate agency ”.

(3) In subsection (4)—

(a) after “Agency”, in each place where it occurs, insert “ or the NRBW ”;

(b) after “(grants to the new Agencies)” insert “ or article 12 of the Natural Resources Body for Wales (Establishment) Order 2012 (grants to the NRBW) (S.I. 2012/1903) ”.

(4) In subsection (5), after “Agency”, in each place where it occurs, insert “ or the NRBW ”.

285

(1) Section 166 is amended as follows.

(2) In subsection (1)—

(a) after “section 37 of the 1995 Act (incidental powers of the Agency),” insert “ or (as the case may be) article 9 of the Natural Resources Body for Wales (Establishment) Order 2012 (general incidental function of the Body) (S.I. 2012/1903), ”;

(b) for “Agency”, in the second place where it occurs, substitute “ appropriate agency ”.

(3) In subsection (2), for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

(4) In subsection (4), in the definition of “flood warning system”, in paragraph (c), for “Agency” substitute “ appropriate agency ”.

286

(1) Section 167 is amended as follows.

(2) In subsection (1), for “Agency” substitute “ appropriate agency ”.

(3) In subsection (3), for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

287

After section 167 insert—

(167A) Consultation in relation to works affecting flood and coastal erosion risks (1) Before exercising a function to which this section applies in a manner which may affect a flood or coastal erosion risk (within the meaning of the Flood and Water Management Act 2010) in Wales, the Agency must consult the NRBW. (2) Before exercising a function to which this section applies in a manner which may affect a flood or coastal erosion risk (within that meaning) in England, the NRBW must consult the Agency. (3) This section applies to any function under— (a) section 109; (b) the flood risk management work provisions; (c) byelaws made under paragraph 5 of Schedule 25.

288

(1) Section 168 is amended as follows.

(2) For “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

(3) After subsection (8) insert—

(9) In this section, in relation to the NRBW, references to functions have effect as references to relevant transferred functions.

289

(1) Section 169 is amended as follows.

(2) In subsection (1)—

(a) for “or by the Agency”, substitute “ , by the Agency, or by the NRBW, ”;

(b) in paragraph (a), after “Agency” insert “ or of any relevant byelaws made by the NRBW ”;

(3) In subsection (3), after “functions” insert “ or the NRBW carries out relevant transferred functions ”.

(4) After subsection (3) insert—

(3A) The Agency may designate a person under subsection (1) in relation to— (a) any provision made by or under this Act, so far as it applies otherwise than in relation to Wales; (b) any provision made by or under any other enactment, if the Agency carries out functions under or for the purposes of that provision; (c) any byelaws made by the Agency. (3B) The NRBW may designate a person under subsection (1) in relation to— (a) any provision made by or under this Act, so far as it applies in relation to Wales; (b) any provision made by or under any other enactment, if the NRBW carries out relevant transferred functions under or for the purposes of that provision; (c) any relevant byelaws.

(5) In subsection (4), after “Agency's” insert “ or the NRBW's ”.

(6) After subsection (4) insert—

(5) In this section, “relevant byelaws” means byelaws made (or treated as if made) by the NRBW in the exercise of any relevant transferred functions.

290

(1) Section 170 is amended as follows.

(2) In subsection (1), after “Agency” insert “ or by the NRBW ”.

(3) In subsection (2)(a)(i), after “Agency” insert “ or the NRBW ”.

(4) In subsection (3)—

(a) after “Agency”, in the first place where it occurs, insert “ or by the NRBW ”;

(b) after “Agency”, in the second place where it occurs, insert “ or the NRBW ”.

291

(1) Section 171 is amended as follows.

(2) In subsection (1), after “Agency” insert “ or by the NRBW ”.

(3) In subsection (2), after “Agency”, in each place where it occurs, insert “ or the NRBW ”.

(4) In subsection (3)(c), after “Agency” insert “ or the NRBW ”.

(5) After subsection (5) insert—

(6) In relation to the NRBW, the reference to functions in subsection (2)(a) has effect as a reference to relevant transferred functions.

292

(1) Section 172 is amended as follows.

(2) In subsection (1)—

(a) for “or the Agency” substitute “ , by the Agency, or by the NRBW ”;

(b) in paragraph (a), for “or on the Agency” substitute “ , on the Agency, or on the NRBW, ”.

(3) In subsections (2) and (3), for “or the Agency”, in each place where it occurs, substitute “ , the Agency, or the NRBW, ”.

(4) In subsection (3A), after “Agency's” insert “ or the NRBW's ”.

(5) In subsection (4), after “Agency” insert “ or the NRBW ”.

(6) After subsection (4) insert—

(5) In relation to the NRBW, the reference to functions in subsection (4) has effect as a reference to relevant transferred functions.

293

In section 174(1) and (2), after “Agency” insert “ or by the NRBW ”.

294

In sections 175 to 183, for “Agency” and “Agency's”, in each place where they occur (including in the cross-heading before section 175 and the headings to sections 175 and 180), substitute “ appropriate agency ” and “ appropriate agency's ” respectively.

295

In section 184, for “the Agency”, in each place where it occurs, substitute “ the NRBW ”.

296

In section 185(2), for “Agency” substitute “ appropriate agency ”.

297

(1) Section 186 is amended as follows.

(2) In subsection (1), at the appropriate place insert—

“relevant transferred functions” means any functions which— (a) were exercisable by the Agency before 1 April 2013, and (b) are functions of the NRBW by virtue of the Natural Resources Body for Wales (Functions) Order 2013, but this is subject to subsection (1A).

(3) After subsection (1) insert—

(1A) For the purposes of the definition of “relevant transferred functions”— (a) a function of the Agency was exercisable before 1 April 2013 whether or not the enactment conferring it had come into force before that date, but (b) a function is only a relevant transferred function when the enactment conferring the Agency function transferred to or conferred on the NRBW has come into force.

(4) In subsection (3), after “the Agency” insert “ or on the NRBW ”.

298

For section 188 substitute—

(188) Duty of the Agency and NRBW to publish information (1) The Agency must— (a) collate and publish information from which assessments can be made of the actual and prospective demand for water, and of actual and prospective water resources, in England; and (b) collaborate with others, so far as it considers it appropriate to do so, in collating and publishing any such information or any similar information in relation to places outside England. (2) The NRBW must— (a) collate and publish information from which assessments can be made of the actual and prospective demand for water, and of actual and prospective water resources, in Wales; and (b) collaborate with others, so far as it considers it appropriate to do so, in collating and publishing any such information or any similar information in relation to places outside Wales.

299

In sections 189 to 197 and 199 to 203, for “Agency” and “Agency's”, in each place where they occur (including in the cross-heading before section 189), substitute “ appropriate agency ” and “ appropriate agency's ” respectively.

300

(1) Section 204 is amended as follows.

(2) In subsection (2)(a)—

(a) after “the Agency,” insert “ the NRBW, ”;

(b) for “or the Water Act 2003” substitute “ the Water Act 2003, or the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903) ”.

(3) In subsection (3)(a), after paragraph (ia) insert—

(ib) the NRBW;

301

In section 207, for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

302

(1) Section 208 is amended as follows.

(2) In subsection (1)—

(a) after “Agency”, in the first place where it occurs, insert “ or the NRBW ”;

(b) after “Agency”, in the second place where it occurs, insert “ or, as the case may be, the NRBW, ”.

(3) In subsections (2) and (3), after “Agency”, in each place where it occurs, insert “ or the NRBW ”.

(4) In subsection (4)—

(a) after “Agency” insert “ or the NRBW ”;

(b) after “Agency's” insert “ or the NRBW's ”.

(5) In subsections (5) and (6), after “Agency”, in each place where it occurs, insert “ or the NRBW ”.

(6) Accordingly, the heading to section 208 becomes “ Civil liability of the Agency or NRBW for escapes of water etc ”.

303

In sections 210 to 216, for “Agency”, in each place where it occurs (including in the heading to section 210), substitute “ appropriate agency ”.

304

(1) Section 221 is amended as follows.

(2) After the definition of “analyse” insert—

“the appropriate agency” means— (a) for the purposes of the flood risk management work provisions— (i) in relation to flood risks (within the meaning of the Flood and Water Management Act 2010) in Wales, the NRBW; (ii) in any other case, the Agency; (b) for any other purpose— (i) in relation to Wales, the NRBW; (ii) in any other case, the Agency;

(3) In the definition of “flood defence functions”—

(a) for “the Agency”, in the first place where it occurs, substitute “ the appropriate agency ”;

(b) in paragraph (b), after “those functions” insert “ of the appropriate agency which were previously ”;

(4) After the definition of “flood defence provisions” insert—

“flood risk management work provisions” means— (a) sections 159(1A), 160(1A), 165 and 166; and (b) any other provision of Part 7 so far as it relates to a provision falling within paragraph (a);

(5) After the definition of “notice” insert—

“the NRBW” means the Natural Resources Body for Wales;

(6) In the definition of “public authority”, after “the Agency,” insert “ the NRBW, ”.

(7) In the definition of “the related water resources provisions”, in paragraph (b)(ii), after “subsections (1)” insert “ , (1A) ”.

(8) In the definition of “watercourse”, after “Agency” insert “ , the NRBW, ”.

(9) In the definition of “water pollution provisions”, in the closing words, after “subsections (1)” insert “ , (1A) ”.

(10) After subsection (1) insert—

(1A) For the purposes of the definition of “the appropriate agency” in subsection (1), “Wales” has the meaning given by section 158 of the Government of Wales Act 2006.

305

(1) Section 222 is amended as follows.

(2) In subsection (2), for “Agency” substitute “ appropriate body ”.

(3) In subsection (8)—

(a) after “Agency's” insert “ or the NRBW's ”;

(b) after “Agency” insert “ or the NRBW ”.

(4) In subsection (9), in the appropriate place insert—

“the appropriate body” means— (a) in relation to any act or omission of the Crown in England, the Agency; (b) in relation to any act or omission of the Crown in Wales, the NRBW;

306

In Schedule 2, in paragraphs 1 to 3, 5, 8 and 10, for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

307

In Schedule 5, in paragraphs 2 to 5, for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

308

(1) Schedule 6 is amended as follows.

(2) In paragraph 1—

(a) in sub-paragraph (2), for “Agency” substitute “ appropriate agency ”;

(b) in sub-paragraph (4)—

(i) in the opening words, for “Agency” substitute “ appropriate agency ”;

(ii) at the end of paragraph (g) insert “ and ”;

(iii) omit paragraph (h);

(d) in sub-paragraph (6), for “Agency” and “Agency's” substitute “ appropriate agency ” and “ appropriate agency's ” respectively.

(3) In paragraphs 2 to 4, for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

309

In Schedule 7, in paragraphs 1(3) and 4, for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

310

(1) Schedule 8 is amended as follows.

(2) In paragraph 1(2), in the Table, in the entry relating to “All orders”, after paragraph (a) insert—

(aa) The NRBW (where it is not the applicant).

(3) In paragraph 2(7)—

(a) after “Agency” insert “ or in connection with relevant environmental functions of or in relation to the NRBW ”;

(b) before “, a local inquiry held under this paragraph” insert “ as modified by subsection (4) of that section ”.

311

In the following provisions, for “Agency” and “Agency's”, in each place where they occur, substitute “ appropriate agency ” and “appropriate agency's” respectively—

(a) paragraphs 1 to 3 of Schedule 11;

(b) paragraphs 1 and 2 of Schedule 14 (including the heading to that Schedule);

(d) paragraphs 1 to 3 of Schedule 16;

(e) paragraphs 1 to 5, 7 and 8 of Schedule 19.

312

(1) Schedule 20 is amended as follows.

(2) In paragraph 6(3)(b), after “Agency” insert “ or the NRBW ”.

(3) In paragraph 8(1), for “or the Agency” substitute “ , the Agency or the NRBW ”.

313

In Schedule 21, in paragraphs 1, 2, 4 and 5, for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

314

(1) Schedule 22 is amended as follows.

(2) In paragraphs 1(1), 2(1)(a) and 3(5), for “Agency” substitute “ appropriate agency ”.

(3) In paragraph 5—

(a) for “Agency”, in each place where it occurs, substitute “ appropriate agency ”;

(b) after “section 37 of the 1995 Act” insert “ or, as the case may be, article 9 of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903) ”.

315

In the following provisions, for “Agency” and “Agency's”, in each place where they occur, substitute “ appropriate agency ” and “appropriate agency's” respectively—

(a) paragraphs 1 to 7 of Schedule 23;

(b) paragraphs 1 to 6 of Schedule 25 (including the heading to that Schedule and the heading to paragraph 3);

(d) paragraphs 1, 3 to 5 and 7 to 9 of Schedule 27.

Land Drainage Act 1991 (c. 59)

316

The Land Drainage Act 1991 is amended as follows.

317

In sections 2 to 10, for “Agency”, in each place where it occurs (including in the headings to sections 4, 5, 7 and 9), substitute “ appropriate supervisory body ”.

318

(1) Section 11 is amended as follows.

(2) In subsection (1), after “Agency”, in each place where it occurs, insert “ or the Natural Resources Body for Wales ”.

(3) In subsection (2), for “Agency”, in each place where it occurs, substitute “ appropriate supervisory body ”.

319

In section 14A(8)(b), for “Environment Agency” substitute “ appropriate agency ”.

320

In sections 16 and 18, for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

321

In section 22(3)(b), for “Agency” substitute “ appropriate agency ”.

322

(1) Section 23 is amended as follows.

(2) In subsection (1B), for “Environment Agency” substitute “ appropriate agency ”.

(3) In subsection (1C), for “Environment Agency” substitute “ appropriate supervisory body ”.

323

In section 32, for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

324

In section 35(1), for “Agency” substitute “ appropriate agency ”.

325

In sections 36(1), 38, 39 and 47, for “Agency”, in each place where it occurs, substitute “ appropriate supervisory body ”.

326

In sections 56, 57 and 58, for “Agency”, in each place where it occurs (including in the headings to sections 57 and 58), substitute “ appropriate agency ”.

327

In section 59, after “Agency” insert “ or the Natural Resources Body for Wales ”.

328

In section 61A, for “Agency”, in each place where it occurs, substitute “ appropriate supervisory body ”.

329

In section 61B, for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

330

In section 61C, for “the Countryside Council for Wales”, in each place where it occurs, substitute “ the Natural Resources Body for Wales ”.

331

(1) Section 61E(4) is amended as follows.

(2) After paragraph (a) insert—

(aa) the Natural Resources Body for Wales;

(3) In paragraph (b), omit “and the Countryside Council for Wales”.

332

In section 61F, for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

333

(1) Section 67 is amended as follows.

(2) In subsection (2), after “Agency”, in each place where it occurs, insert “ or the Natural Resources Body for Wales ”.

(3) In subsection (5), for “Agency” substitute “ appropriate agency ”.

334

(1) In section 70, after “Agency” insert “ or the Natural Resources Body for Wales ”.

(2) Accordingly, in the heading to that section, after “Agency” insert “ and Natural Resources Body for Wales ”.

335

(1) Section 72 is amended as follows.

(2) In subsection (1)—

(a) in the appropriate place insert—

“the appropriate agency” means— (a) in relation to England, the Agency; (b) in relation to Wales, the Natural Resources Body for Wales; “the appropriate supervisory body” means— (a) in relation to internal drainage districts which are wholly or mainly in England, the Agency; (b) in relation to internal drainage districts which are wholly or mainly in Wales, the Natural Resources Body for Wales.

(b) in the definition of “drainage body”, after “Agency,” insert “ the Natural Resources Body for Wales, ”.

(3) In subsection (6), after “Agency” insert “ , the Natural Resources Body for Wales ”.

(4) In subsection (8), after “Agency” insert “ or the Natural Resources Body for Wales ”.

336

In section 74(5), after “Agency” insert “ or the Natural Resources Body for Wales ”.

337

In Schedule 2, in paragraphs 4(1)(b) and 5(1)(b), for “Agency” substitute “ appropriate supervisory body ”.

338

In Schedule 4, for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

339

In Schedule 6, in paragraph 1(1)(a), after “Agency,” insert “ the Natural Resources Body for Wales, ”.

Transport and Works Act 1992 (c. 42)

340

In section 6(7)(b) of the Transport and Works Act 1992, for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

Protection of Badgers Act 1992 (c. 51)

341

In section 10(4)(b) of the Protection of Badgers Act 1992, for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

Clean Air Act 1993 (c. 11)

342

The Clean Air Act 1993 is amended as follows.

343

(1) Section 31 is amended as follows.

(2) In subsection (4)(a)(ii) and (b), for “Environment Agency” substitute “ appropriate agency ”.

(3) After subsection (5) insert—

(6) In this section, “appropriate agency” means— (a) in relation to England, the Environment Agency; (b) in relation to Wales, the Natural Resources Body for Wales.

344

In section 36(2A), for “Environment Agency”, in each place where it occurs, substitute “ appropriate agency ”.

345

In section 40, before paragraph (a) insert—

(za) “appropriate agency” means— (i) in relation to England, the Environment Agency; (ii) in relation to Wales, the Natural Resources Body for Wales;

Cardiff Bay Barrage Act 1993 (c. 42)

346

The Cardiff Bay Barrage Act 1993 is amended as follows.

347

In section 2(6), for “Countryside Council for Wales” substitute “ Natural Resources Body for Wales ”.

348

In section 3(1), for the words from “granted” to “to” substitute “ granted by the Natural Resources Body for Wales to ”.

349

(1) Section 8 is amended as follows.

(2) In subsection (1), in the opening words, for the words from “by the” to “in” substitute “ by the Natural Resources Body for Wales in ”.

(3) In subsection (2)(a), for the words from “specified” to “as” substitute “ specified by the Natural Resources Body for Wales as ”.

(4) In subsection (3)(b), for the words from “by the” to “for” substitute “ by the Natural Resources Body for Wales for ”.

(5) In subsection (4)(a), for the words from “the” to “and” substitute “ the Natural Resources Body for Wales, and ”.

350

In section 9(3), for “Countryside Council for Wales” substitute “ Natural Resources Body for Wales ”.

351

(1) Section 12 is amended as follows.

(2) In subsection (1)(b), for the words from “the” to “for” substitute “ the Natural Resources Body for Wales for ”.

(3) In subsection (3)(a), for the words from “the” to “and” substitute “ the Natural Resources Body for Wales, and ”.

352

In section 14(2), for “Countryside Council for Wales” substitute “ Natural Resources Body for Wales ”.

353

In section 15(6)(b), for the words from “power” to “under” substitute “ power of the Natural Resources Body for Wales under ”.

354

In section 16(5), for the words after “consult” substitute “ the Natural Resources Body for Wales ”.

355

In section 20(6)(b), for the words from “the” to “under” substitute “ the Natural Resources Body for Wales under ”.

356

In section 26(2), for the words after “delegation” substitute “ to the Natural Resources Body for Wales ”.

357

(1) Schedule 2 is amended as follows.

(2) In paragraph 3(1), for the words from “and” to “carry” substitute “ and the Natural Resources Body for Wales, carry ”.

(3) In paragraph 11—

(a) in sub-paragraph (1), in the opening words, for the words from “Where” to “and” substitute “ Where the Natural Resources Body for Wales and ”;

(b) in sub-paragraph (2), for the words from “the” to “or a” substitute “ the Natural Resources Body for Wales or a ”.

358

(1) Schedule 3 is amended as follows.

(2) In paragraph 2(1)—

(a) in paragraph (a)—

(i) in sub-paragraph (i), for the words after “submitted to” substitute “ the Natural Resources Body for Wales ”;

(ii) in sub-paragraph (ii), for the words after “approved by” substitute “ the Natural Resources Body for Wales ”;

(iii) in sub-paragraph (iii), for the words after “given to” substitute “ the Natural Resources Body for Wales, and ”;

(iv) in sub-paragraph (iv), for the words after “been sent to” substitute “ the Natural Resources Body for Wales ”;

(b) in paragraph (b), in the opening words, for the words after “submit to” substitute “ the Natural Resources Body for Wales ”;

(d) in paragraph (d), in the opening words, for the words from “which the” to “may” substitute “ which the Natural Resources Body for Wales may ”;

(e) in paragraph (e), for the words from “allow” to “access” substitute “ allow the Natural Resources Body for Wales access ”.

(3) In paragraph 4(1)—

(a) in paragraph (b), for the words from “agreed” to “at” substitute “ agreed by the Natural Resources Body for Wales, at ”;

(b) in paragraph (e), in the opening words, for the words from “the” to “costs” substitute “ the Natural Resources Body for Wales costs ”.

(4) In paragraph 5—

(a) in paragraph (b), for the words from “which” to “may” substitute “ which the Natural Resources Body for Wales may ”;

(b) in paragraph (c), for the words from “allow” to “access” substitute “ allow the Natural Resources Body for Wales access ”;

(c) in paragraph (d), for the words from “send” to “as soon” substitute “ send to the Natural Resources Body for Wales as soon ”.

(5) In paragraph 7—

(a) in sub-paragraph (1)(a), for the words after “withholding” substitute “ by the Natural Resources Body for Wales of approval required by paragraph 2(1)(a)(ii) above ”;

(b) in sub-paragraph (2), for the words from “and” to “to” substitute “ and the Natural Resources Body for Wales as to ”.

359

In Schedule 4, in paragraph 3(2)(b), for the words after “the” substitute “ Natural Resources Body for Wales, or ”.

Coal Industry Act 1994 (c. 21)

360

In section 59(3) of the Coal Industry Act 1994, after paragraph (e) insert—

(f) the Natural Resources Body for Wales is a relevant authority in relation to its relevant transferred functions (within the meaning of article 11 of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903)).

Environment Act 1995 (c. 25)

361

The 1995 Act is amended as follows.

362

(1) Section 4 is amended as follows.

(2) In subsection (2)—

(a) for “Ministers” substitute “ Secretary of State ”;

(b) for “they consider” substitute “ the Secretary of State considers ”.

(3) In subsections (3) and (5)(c), for “Ministers consider” substitute “ Secretary of State considers ”.

(4) In subsection (7), for “Ministers” substitute “ Secretary of State ”.

(5) In subsection (9)—

(a) for “Ministers” substitute “ Secretary of State ”;

(b) for “they consider” substitute “ the Secretary of State considers ”.

363

(1) Before the heading to section 5, insert the following Chapter heading—

General functions of the Agency and the Natural Resources Body for Wales

(2) Sections 5 to 10 become Chapter 1A of Part 1.

364

(1) Section 5 is amended as follows.

(2) In subsection (1), for “The Agency's” substitute “ An appropriate agency's ”.

(3) In subsection (2), for “The Agency” substitute “ An appropriate agency ”.

(4) In subsection (3)—

(a) in the opening words—

(i) for “either of the Ministers” substitute “ the appropriate national authority ”;

(ii) for “the Agency” substitute “ an appropriate agency ”;

(b) in paragraph (a), for “that Minister” substitute “ the appropriate national authority ”;

(i) for “that Minister” substitute “ the appropriate national authority ”;

(ii) for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

(5) In subsections (4) and (5), for “the Agency” substitute “ an appropriate agency ”.

(6) After subsection (5) insert—

(6) But in relation to the Natural Resources Body for Wales, “pollution control powers” and “pollution control functions” do not include powers or functions which— (a) were exercisable by the Countryside Council for Wales or the Forestry Commissioners immediately before 1 April 2013; and (b) are functions of that Body by virtue of the Natural Resources Body for Wales (Functions) Order 2013.

365

(1) Section 6 is amended as follows.

(2) In subsection (1), for “the Agency”, in the first and second places where it occurs, substitute “ an appropriate agency ”.

(3) In subsection (2), omit “and Wales” in each place where it occurs.

(4) After subsection (2) insert—

(2A) The Natural Resources Body for Wales must take all such action as it may from time to time consider, in accordance with any directions given under article 11 of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903), to be necessary or expedient for the purpose— (a) of conserving, redistributing or otherwise augmenting water resources in Wales; and (b) of securing the proper use of water resources in Wales (including the efficient use of those resources); but nothing in this subsection shall be construed as relieving any water undertaker of the obligation to develop water resources for the purpose of performing any duty imposed on it by virtue of section 37 of the Water Industry Act 1991 (general duty to maintain water supply system).

(5) In subsection (4), after “England and” insert “ the Natural Resources Body for Wales shall in relation to ”.

(6) In subsection (5), after “England and” insert “ the Natural Resources Body for Wales' flood defence functions shall extend to the territorial sea adjacent to ”.

(7) In subsection (6), for “the Agency” substitute “ an appropriate agency ”.

(8) In subsection (7), omit “and Wales” in each place where it occurs.

(9) After subsection (7) insert—

(7A) The area in respect of which the Natural Resources Body for Wales shall carry out its functions relating to fisheries shall be the whole of Wales, together with such part of the territorial sea adjacent to Wales as extends for six miles from the baselines from which the breadth of that sea is measured.

(10) After subsection (8) insert—

(9) For the purposes of this section, the parts of the territorial sea which are adjacent to Wales, and which are therefore not adjacent to England, are the parts of the sea which are treated as adjacent to Wales for the purposes of section 158 of the Government of Wales Act 2006.

366

(1) Section 8 is amended as follows.

(2) In subsection (1)—

(a) in the opening words—

(i) omit “or the Countryside Council for Wales”;

(ii) omit “or, as the case may be, Wales”;

(b) in paragraph (b), for “the Agency”, in each place where it occurs, substitute “ an appropriate agency ”;

(i) for “the Agency or (as the case may be) the Council” substitute “ Natural England ”;

(ii) for “to the Agency” substitute “ to the appropriate agency ”.

(3) After subsection (1) insert—

(1A) Where the Natural Resources Body for Wales is of the opinion that any area of land in Wales— (a) is of special interest by reason of its flora, fauna or geological or physiographical features, and (b) may at any time be affected by schemes, works, operations or activities of the Agency or by an authorisation given by the Agency, the Natural Resources Body for Wales shall notify the fact that the land is of special interest for that reason to the Agency.

(4) In subsection (2)—

(a) in paragraph (b), for “the Agency”, in each place where it occurs, substitute “ an appropriate agency ”;

(b) in the closing words, for “Agency” substitute “ appropriate agency ”.

(5) In subsection (3)—

(a) for “the Agency”, in the first place where it occurs, substitute “ an appropriate agency ”;

(b) after “subsection (1)” insert “ , (1A) ”;

(6) In subsection (4), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

367

(1) Section 9 is amended as follows.

(2) For subsection (1) substitute—

(1) The appropriate national authority shall have power by order to approve any code of practice issued (whether by the appropriate national authority or by another person) for the purpose of— (a) giving practical guidance to an appropriate agency with respect to any of the matters for the purposes of which the provisions specified in subsection (5) have effect, and (b) promoting what appear to the appropriate national authority to be desirable practices by an appropriate agency with respect to those matters, and may at any time by such an order approve a modification of such a code or withdraw its approval of such a code or modification.

(3) In subsection (2), for “section 6(1), 7 or 8 above, the Agency” substitute “ the provisions specified in subsection (5), an appropriate agency ”.

(4) In subsection (3)—

(a) for “Neither of the Ministers shall” substitute “ The Secretary of State shall not ”;

(b) in paragraph (b), omit “and the Countryside Council for Wales”;

(5) After subsection (3) insert—

(3A) The Welsh Ministers shall not make an order under this section unless they have first consulted— (a) the Natural Resources Body for Wales; (b) the Sports Council for Wales; and (c) such other persons as they consider it appropriate to consult.

(6) In subsection (4)—

(a) omit “of each of the Ministers”;

(b) at the end insert “ (in the case of an order made by the Secretary of State) or of the National Assembly for Wales (in the case of an order made by the Welsh Ministers) ”.

(7) After subsection (4) insert—

(5) The provisions referred to in subsections (1) and (2) are— (a) in relation to the Agency, sections 6(1), 7 and 8; (b) in relation to the Natural Resources Body for Wales— (i) sections 6(1) and 8; and (ii) articles 5A, 5C, 5D, 5E and 5G of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903).

368

After section 9 insert—

(9A) Duty of the Agency to cooperate with the Natural Resources Body for Wales The Agency must cooperate with the Natural Resources Body for Wales, and coordinate its activities with those of the Natural Resources Body for Wales, as may be appropriate in the circumstances.

369

(1) Section 10 is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a) omit “and”;

(b) after paragraph (a) insert—

(aa) for the purposes of article 9 of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903), in relation to the Natural Resources Body for Wales; and

(d) in the closing words, after “described in paragraphs (a)” insert “ , (aa) ”.

(3) In subsection (2)—

(a) in the opening words, for “the Agency” substitute “ an appropriate agency ”;

(b) in paragraphs (a) to (c), for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

(4) In subsection (3), for “the Agency” substitute “ an appropriate agency ”.

(5) In subsections (4) and (5)—

(a) for “the Agency”, in the first place where it occurs in each of those subsections, substitute “ an appropriate agency ”;

(b) for “Agency”, in the second place where it occurs in each of those subsections, substitute “ appropriate agency ”.

(6) Accordingly, in the heading to section 10, after “Agency” insert “ and the Natural Resources Body for Wales ”.

370

In the heading to Chapter 3 of Part 1, after “the New Agencies” insert “ and the Natural Resources Body for Wales ”.

371

In section 40, after subsection (8) insert—

(9) For the purposes of this section, the “appropriate Minister” in relation to the Agency is— (a) in any case not falling within paragraph (b), the Secretary of State; (b) in the case of a direction under subsection (1)— (i) which would have any effect in Wales, or (ii) which relates to water resources management, water supply, rivers or other watercourses, control of pollution of water resources, sewerage or land drainage, and which would have any effect in the catchment areas of the rivers Dee, Wye and Severn, the Secretary of State or the Welsh Ministers. (10) The Secretary of State may give a direction falling within subsection (9)(b) only after consulting the Welsh Ministers. (11) The Welsh Ministers may give a direction under this section only with the consent of the Secretary of State.

372

(1) Section 41 is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a), for “the Agency” substitute “ an appropriate agency ”;

(b) in paragraph (b), for “a new Agency” substitute “ the Agency, the Natural Resources Body for Wales or SEPA ”;

(d) in paragraph (e), for “each of the new Agencies” substitute “ the Agency, the Natural Resources Body for Wales or SEPA ”;

(e) in paragraph (f), for “each of the new Agencies” substitute “ an appropriate agency ”;

(f) in paragraph (g), for “each of the new Agencies” substitute “ the Agency, the Natural Resources Body for Wales or SEPA ”;

(g) in the closing words, for “new Agency” substitute “ body ”.

(3) In subsection (6), for “a new Agency” substitute “ the Agency, the Natural Resources Body for Wales or SEPA ”.

(4) After subsection (9) insert—

(9A) The Natural Resources Body for Wales may not make a charging scheme unless the provisions of the scheme have been approved by the Welsh Ministers under section 42.

373

(1) Section 42 is amended as follows.

(2) In subsection (1)—

(a) in the opening words, for “for his approval, a new Agency” substitute “ or the Welsh Ministers for approval, a charging authority ”;

(b) in paragraph (b), at the end insert “ or, as the case may be, the Welsh Ministers ”.

(3) In subsection (2)—

(a) in the opening words—

(i) for “for his” substitute “ or the Welsh Ministers for ”;

(ii) after “he” insert “ or they ”;

(b) in paragraph (a), after “him” insert “ or them ”.

(4) In subsection (3)—

(a) in the opening words, for “new Agency”, in each place where it occurs, substitute “ charging authority ”;

(b) in the closing words, after “Secretary of State” insert “ or, as the case may be, the Welsh Ministers ”.

(5) In subsection (4)—

(a) in the opening words—

(i) after “considers” insert “ or which the Welsh Ministers consider ”;

(ii) for “new Agency's” substitute “ charging authority's ”;

(iii) after “Secretary of State”, in the second place where it occurs, insert “ or the Welsh Ministers ”;

(b) in paragraph (a)—

(i) for “new Agency's” substitute “ charging authority's ”;

(ii) after “below” insert “ or (in the case of the Natural Resources Body for Wales) under article 13 of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903) ”;

(6) In subsection (5)—

(a) after “Secretary of State” insert “ or the Welsh Ministers (as the case may be) ”;

(b) for “the Agency's” substitute “ an appropriate agency's ”;

(d) after “section 6(2)” insert “ or (2A) ”.

(7) In subsection (6)—

(a) after “Secretary of State”, in the first place where it occurs, insert “ or the Welsh Ministers ”;

(b) for “new Agency” substitute “ charging authority ”.

(8) In subsections (8) and (9), for “new Agency”, in each place where it occurs, substitute “ charging authority ”.

(9) In subsection (11), after “section 41 or 41A” insert “ and “charging authority” means the body that makes or proposes to make a charging scheme ”.

374

(1) Section 53 is amended as follows.

(2) After subsection (1) insert—

(1A) Without prejudice to any other provision of this Act or any other enactment by virtue of which an inquiry or other hearing is authorised or required to be held, the Welsh Ministers may cause an inquiry or other hearing to be held if it appears to them expedient to do so— (a) in connection with any of the relevant environmental functions of the Natural Resources Body for Wales; or (b) in connection with any of their functions in relation to the relevant environmental functions of that Body.

(3) In subsection (2)—

(a) in paragraph (a), after “Agency” insert “ or any of the relevant environmental functions of the Natural Resources Body for Wales ”;

(b) in paragraph (b), after “Agency” insert “ or any functions of the Welsh Ministers in relation to the relevant environmental functions of the Natural Resources Body for Wales ”;

(4) After subsection (3) insert—

(4) In this section, “relevant environmental functions” means— (a) pollution control functions (within the meaning of section 5); and (b) any functions relating to water resources, flood and coastal erosion risk management or fisheries.

375

(1) Section 56(1) is amended as follows.

(2) In the appropriate places insert the following definitions—

“appropriate agency” means the Agency or the Natural Resources Body for Wales;

“the appropriate national authority” means— (a) in relation to the Agency, the Secretary of State; (b) in relation to the Natural Resources Body for Wales, the Welsh Ministers;

(3) In the following definitions, for “the Agency”, in each place where it occurs, substitute “ an appropriate agency ”

(a) the definition of “environmental licence” which applies in relation to the Agency; and

(b) the definition of “flood defence functions”.

376

In sections 66(7)(a) and 72(2), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

377

In section 80(6)(a), for “appropriate new Agency” substitute “ appropriate agency ”.

378

(1) Section 81 is amended as follows.

(2) In subsection (1), after “new Agency” insert “ and the Natural Resources Body for Wales ”.

(3) In subsection (2)—

(a) in the opening words, omit “, in relation to a new Agency,”;

(b) in paragraph (a)—

(i) after “the Agency” insert “ or the Natural Resources Body for Wales ”;

(ii) after “above” insert “ (subject, in the case of the Body, to section 5(6) above) ”.

379

In section 87(3) and (7)(a), for “appropriate new Agency” substitute “ appropriate agency ”.

380

In section 91(1), for the definition of “the appropriate new Agency” substitute—

“the appropriate agency” means— (a) in relation to England, the Agency; (b) in relation to Wales, the Natural Resources Body for Wales; (c) in relation to Scotland, SEPA;

381

(1) Section 94 is amended as follows.

(2) In subsection (3)—

(a) for “either new Agency” substitute “ a new Agency ”;

(b) for “the other of them” substitute “ any other of them ”.

(3) In subsection (6)—

(a) in the definition of “the appropriate Agency”—

(i) in paragraph (a) omit “and Wales”;

(ii) after paragraph (a) insert—

(aa) in relation to Wales, the Natural Resources Body for Wales;

(b) in the definition of “new Agency” for “or SEPA” substitute “ , the Natural Resources Body for Wales or SEPA ”.

382

(1) Section 108 is amended as follows.

(2) In subsections (2) and (3), after “the Agency”, in each place where it occurs, insert “ , the Natural Resources Body for Wales ”.

(3) In subsection (15)—

(a) in the definition of “enforcing authority”, after paragraph (b) insert—

(bza) the Natural Resources Body for Wales;

(b) in the definition of “pollution control functions” which applies in relation to the Agency and SEPA—

(i) in the opening words, after “the Agency” insert “ , the Natural Resources Body for Wales ”;

(ii) in the closing words, after “the Agency” insert “ or the Natural Resources Body for Wales ”;

(iii) at the end insert— “ but, in relation to the Natural Resources Body for Wales, does not include any functions which were exercisable by the Countryside Council for Wales or the Forestry Commissioners immediately before 1 April 2013 and are functions of that Body by virtue of the Natural Resources Body for Wales (Functions) Order 2013; ”.

383

In section 111(5), in the definition of “environmental licence”, after “the Agency” insert “ , the Natural Resources Body for Wales ”.

384

(1) Section 113 is amended as follows.

(2) In subsection (1)—

(a) for “a new Agency”, in each place where it occurs, substitute “ a relevant agency ”;

(b) in paragraph (a), for “the other new Agency” substitute “ another relevant agency ”;

(d) after paragraph (c) insert

or (d) by the Natural Resources Body for Wales to the Forestry Commissioners,

(e) in the closing words, for “either of the new Agencies” substitute “ any of the relevant agencies ”.

(3) In subsection (2), for “new Agency”, in each place where it occurs, substitute “ relevant agency ”.

(4) In subsection (5)—

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