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Water Resources Act 1991

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222Crown application

(1)Subject to the following provisions of this section, the provisions of this Act shall have effect in relation to land in which there is a Crown or Duchy interest as they have effect in relation to land in which there is no such interest.

(2)Chapter II of Part II of this Act and the related water resources provisions shall not apply—

(a)to anything done by or on behalf of the Crown; or

(b)to any land which is in the occupation of a government department or any other land in which there is a Crown or Duchy interest and which is occupied in right of that interest.

(3)Nothing in this Act, as read with the other provisions of this section, shall be construed—

(a)as conferring any power of levying drainage charges in respect of lands below the high-water mark of ordinary spring tides; or

(b)as authorising the Authority to require the Crown to make any payment to the Authority in respect of any premises.

(4)Subject to subsection (2) and (3) above and to subsection (5) below, where a power is conferred in relation to land by or under any provision of this Act other than one of the flood defence provisions—

(a)that power shall be exercisable in relation to any land in which there is a Crown or Duchy interest only with the consent of the appropriate authority; and

(b)a consent for the purposes of this subsection may be given on such financial and other conditions as the appropriate authority giving the consent may consider appropriate.

(5)Subsection (4) above shall not require any consent to be given—

(a)for the exercise of any power in relation to any land in which there is a Crown or Duchy interest to the extent that that power would be so exercisable apart from subsection (1) above; or

(b)for the purposes of any provision having effect by virtue of so much of section 168 above and Schedule 19 to this Act as relates to the granting of authority for discharges of water.

(6)Section 74 of the [1991 c. 59.] Land Drainage Act 1991 (Crown application), so far as it relates to land in which there is a Crown or Duchy interest, shall apply in relation to the flood defence provisions of this Act as it applies in relation to that Act; but nothing in this subsection shall affect any power conferred by this Act for the purposes both of the Authority’s functions under those provisions and of other functions of the Authority.

(7)In this section—

  • “the appropriate authority” has the same meaning as in section 293 of the [1990 c. 8.] Town and Country Planning Act 1990; and

  • “Crown or Duchy interest” means an interest belonging to Her Majesty in right of the Crown or of the Duchy of Lancaster, or to the Duchy of Cornwall, or belonging to a government department or held in trust for Her Majesty for the purposes of a government department.

(8)The provisions of subsection (3) of section 293 of the Town and Country Planning Act 1990 (questions relating to Crown application) as to the determination of questions shall apply for the purposes of this section.

(9)Nothing in this section shall be construed as requiring any provision of this Act having effect otherwise than in relation to land to be construed as imposing any liability on the Crown to which the Crown would not be subject apart from this section.

223Exemption for visiting forces

(1)Chapter II of Part II of this Act and the related water resources provisions shall not apply—

(a)to anything done by a member of a visiting force in his capacity as a member of that force; or

(b)to any land occupied by or for the purposes of a visiting force.

(2)In this section “visiting force” means any such body, contingent or detachment of the forces of any country as is a visiting force for the purposes of any of the provisions of the [1952 c. 67.] Visiting Forces Act 1952.

224Application to Isles of Scilly

(1)Subject to the provisions of any order under this section, nothing in this Act shall require or authorise any function, duty or power to be carried out, performed or exercised in relation to the Isles of Scilly by the Authority; and references in the preceding provisions of this Act to England and Wales shall not include references to those Isles.

(2)The Secretary of State may, on the application of the Council of the Isles of Scilly, by order make provision with respect to the carrying out in those Isles of functions falling under this Act to be carried out in relation to other parts of England and Wales by the Authority.

(3)Without prejudice to the generality of the power conferred by subsection (2) above, an order under this section may apply any provision of this Act, of the [1991 c. 60.] Water Consolidation (Consequential Provisions) Act 1991 or of the [1989 c. 15.] Water Act 1989 in relation to the Isles of Scilly with or without modifications.

(4)The power of the Secretary of State to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(5)An order under this section may—

(a)make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and

(b)contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate, including provision saving provision repealed by or under any enactment.

225Short title, commencement and extent

(1)This Act may be cited as the Water Resources Act 1991.

(2)This Act shall come into force on 1st December 1991.

(3)Subject to subsections (4) to (6) of section 2 and to section 224 above, to the extension of section 166(3) above to Scotland and to the extension, by virtue of any other enactment, of any provision of this Act to the territorial sea, this Act extends to England and Wales only.

(4)Nothing in this Act, so far as it extends to Scotland, shall authorise the Authority to acquire any land in Scotland compulsorily.

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