Search Legislation

Water Resources Act 1991

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Water Resources Act 1991. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

chapter IE+W GENERAL FINANCIAL PROVISIONS

F1117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

118 Special duties with respect to flood defence revenue.E+W

(1)Revenue raised by the [F2Agency] as mentioned in subsection (2) below—

(a)shall, except for any amount falling within subsection (3) below, be spent only in the carrying out of the [F2Agency’s] [F3flood and coastal erosion risk management functions, within the meaning of Part 1 of the Flood and Water Management Act 2010,] in or for the benefit of the [F4flood risk management region] in which it is raised; and

(b)shall be disregarded in determining the amount of any surplus for the purposes of [F5section 44(4) ofthe 1995 Act].

(2)The revenue referred to in subsection (1) above is revenue raised by the [F2Agency] in a [F6flood risk management region ]

(a)by virtue of any regulations under section 74 of the M1Local Government Finance Act 1988 (power to issue levies);

(b)by general drainage charges under sections 134 [F7and 135] below;

(c)by special drainage charges under sections 137 and 138 below; or

(d)by contributions required under section 139(1) below.

(3)An amount falls within this subsection if it is an amount which the [F2Agency] considers it appropriate—

(a)to set aside towards research or related activities or towards meeting the [F2Agency’s] administrative expenses; F8...

F8(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Any amount specified in a resolution under section 58(1)(b) of the M2Land Drainage Act 1991 in relation to any [F9flood risk management region] (allocation of revenue in lieu of contributions) shall be treated for the purposes of this section as if it were revenue actually raised by contributions required under section 139(1) below.

(5)For the purposes of this section, the following sums, that is to say—

(a)any sums held by the [F2Agency] by virtue of any transfer of property, rights or liabilities from a water [F2agency] in accordance with a scheme under Schedule 2 to the M3Water Act 1989, in so far as those sums represent amounts which the water [F2Agency]was required by virtue of paragraph 31 of Schedule 3 to the M4Water Act 1973 to spend only in the discharge of their land drainage functions in or for the benefit of a particular local land drainage district; and

(b)any sums raised by the [F2 Agency] in a [F10flood risk management region] by virtue of a precept issued under section 46 of the M5Land Drainage Act 1976,

shall be treated as revenue raised by the [F2Agency] as mentioned in subsection (2) above in the corresponding [F11flood risk management region] or, as the case may be, in that local flood defence district.

F12(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F13(7)In this section “flood risk management region” means the region of a Regional Flood and Coastal Committee, within the meaning of section 22 of the Flood and Water Management Act 2010.]

Textual Amendments

F2Words in s. 118 substituted (subject to other provisions of the amending Act) (1.4.1996) by 1995 c. 25, s. 120, Sch. 22 para. 128 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F5Words in s. 118(1)(b) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22, para. 150(2) (with ss. 7(6), 115, 117)); S.I. 1996/186, art. 3

F7Words in s. 118(2)(b) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22, para. 150(3) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F8S. 118(3)(b) and word omitted (1.4.2011) by virtue of Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 2 para. 43(4) (with s. 49(1)(6)); S.I. 2011/694, art. 3(g)

Modifications etc. (not altering text)

Marginal Citations

F14119 Duties with respect to certain funds raised under local enactments.E+W

[(1)Where the Agency holds any funds, or any interest in any funds, which immediately before the transfer date the National Rivers Authority, by virtue of this subsection as originally enacted, was not permitted to use except for particular purposes, those funds or that interest shall not be used except for the purposes for which they could be used by virtue of this subsection as originally enacted.

(1A)For the purposes of subsection (1) above, “the transfer date” has the same meaning as in Part I of the 1995 Act.]

(2)Any funds to which subsection (1) above applies shall be disregarded in determining the amount of any surplus under [F15section 44(3) of the 1995 Act].

Textual Amendments

F14S. 119 (1)(1A) substituted (1.4.1996) for s. 119(1) by 1995 c. 25, s. 120(1), Sch. 22 para. 151(1) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F15Words in s. 119(2) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 151(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

120 Contributions between the [F16Agency] and certain other authorities.E+W

(1)Where, on the application of a navigation authority, harbour authority or conservancy authority, it appears to the [F16Agency] that any works constructed or maintained by the applicants have made, or will make, a beneficial contribution towards the fulfilment of the purposes of the [F16Agency’s] water resources functions, the [F16Agency] shall contribute towards the expenditure incurred or to be incurred by the applicants in constructing or maintaining those works.

(2)Where, on the application of the [F16Agency], it appears to a navigation authority, harbour authority or conservancy authority that any works constructed or maintained by the [F16Agency] in the carrying out of its water resources functions have made, or will make, a beneficial contribution towards the carrying out of the functions of the authority to whom the application is made, that authority shall contribute to the [F16Agency] towards the expenditure incurred or to be incurred by the [F16Agency] in constructing or maintaining those works.

(3)Subject to the following provisions of this section, the sums to be paid by way of contribution and the terms and conditions on which they are to be paid shall be such as the [F16Agency] and the other authority concerned may agree to be appropriate.

(4)If on any application under this section—

(a)the [F16Agency] or, as the case may be, the other authority to whom the application is made refuses to make a contribution; or

(b)the [F16Agency] and the other authority concerned are unable to agree as to the sums to be contributed or the terms and conditions on which they are to be contributed,

the [F16Agency] or the other authority concerned may refer the matter in dispute to the Secretary of State.

(5)On a reference under subsection (4) above the Secretary of State may either—

(a)determine that matter himself; or

(b)refer it for determination to an arbitrator appointed by him for the purpose;

and where any decision has been made by the Secretary of State or an arbitrator under this subsection, the decision shall be final and a contribution shall be made in accordance with the decision as if the sums, terms or conditions determined under this subsection had been agreed to be appropriate as mentioned in subsection (3) above.

(6)Any expenditure incurred by a navigation authority, harbour authority or conservancy authority in paying any contribution under this section shall be defrayed in the like manner as any corresponding expenditure of that authority; and that authority shall have the same powers for the purpose of raising money required for paying any such contribution as they would have for the purpose of raising money required for defraying any corresponding expenditure of that authority.

(7)In subsection (6) above the references to corresponding expenditure of a navigation authority, harbour authority or conservancy authority, in relation to the payment of a contribution in respect of any works, are references to expenditure incurred by the authority in performing the functions in respect of which it is claimed by the [F16Agency] that the works have made, or will make, such a beneficial contribution as is mentioned in subsection (2) above.

(8)References in this section to the water resources functions of the [F16Agency] are references to the functions of the [F16Agency] under Part II of this Act or under any provisions not contained in that Part which are related water resources provisions in relation to Chapter II of that Part.

Textual Amendments

F16Words in s. 120 and the sidenote substituted (subject to other provisions of the amending Act) (1.4.1996) by 1995 c. 25, s. 120, Sch. 22 para. 128 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Modifications etc. (not altering text)

F17121. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F18122. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources