Government of Wales Act 2006

152 Intervention in case of functions relating to water etc.

(1) This section applies where it appears to the Secretary of State that the exercise of a relevant function (or the failure to exercise a relevant function) in any particular case might have a serious adverse impact on—

(a) water resources in England,

(b) water supply in England, or

(c) the quality of water in England.

(2) The Secretary of State may intervene under this paragraph in that case, so that—

(a) the Secretary of State may in that case exercise the function, and

(b) the person or persons on whom the function is conferred or imposed may not in that case exercise the function.

(3) “Relevant function” means—

(a) a function conferred or imposed on any person by or under an Assembly Measure or Act of the Assembly, or

(b) a function which is not so conferred or imposed but is exercisable by the Welsh Ministers, the First Minister or the Counsel General.

(4) An intervention by the Secretary of State under this section in relation to a function is to be made by giving notice to the person or persons on whom it is conferred or imposed.

(5) The notice—

(a) must state the reason for the Secretary of State’s intervention,

(b) may make provision about the effect of any steps previously taken by the person or persons on whom the function is conferred or imposed, and

(c) may extend the time for the taking of any steps by the Secretary of State or any other person (even if the time for taking them would otherwise have expired before the notice is given).

(6) Where an intervention has been made under this section in a case, the Secretary of State must, in addition to the notice under subsection (4), give notice to—

(a) any person who has previously been given notice of any steps taken, or proposed to be taken, in the case,

(b) the Environment Agency, if concerned in the case, and

(c) any water undertaker or sewerage undertaker concerned in the case.