C1Part VII Land and Works Powers
chapter I POWERS OF THE F3APPROPRIATE AGENCY
Words in Pt. 7 Ch. 1 heading substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 277 (with Sch. 7)
F1Restoration and improvement works for controlled waters
Ss. 161-161AB substituted for s. 161 (22.12.2009) by Water Resources Act 1991 (Amendment) (England and Wales) Regulations 2009 (S.I. 2009/3104), regs. 1(c), 5 (with reg. 7)
C2C3161AAWorks notices: form etc
1
A works notice—
a
must specify the periods within which the person on whom it is served is required to do each of the things specified in the notice; and
b
is without prejudice to the powers of the F2appropriate agency to carry out any works or operations under section 161(5)(a) or 161ZA(6)(a).
2
Before serving a works notice on any person, the F2appropriate agency shall reasonably endeavour to consult that person concerning the works or operations which are to be specified in the notice.
3
The appropriate national authority may by regulations make provision for or in connection with—
a
the form or content of works notices;
b
requirements for consultation, before the service of a works notice, with persons other than the person on whom that notice is to be served;
c
steps to be taken for the purposes of any consultation required under subsection (2) or regulations made by virtue of paragraph (b); or
d
any other steps of a procedural nature which are to be taken in connection with or in consequence of the service of a works notice.
4
A works notice shall not be regarded as invalid or as invalidly served by reason only of a failure to comply with the requirements of subsection (2) or of regulations made by virtue of paragraph (b) of subsection (3).
5
In this section and section 161A, “appropriate national authority” means—
a
in relation to England, the Secretary of State; and
b
in relation to Wales, the Welsh Ministers.
6
The power to make regulations under this section shall be exercisable by statutory instrument subject—
a
in the case of regulations made by the Secretary of State, to annulment in pursuance of a resolution of either House of Parliament; and
b
in the case of regulations made by the Welsh Ministers, to annulment in pursuance of a resolution of the National Assembly for Wales.
7
In this section,—
a
paragraph (1) of section 219 does not apply; and
b
in paragraph (2) of that section, references to “the Ministers” or the “the Secretary of State” shall be taken to be references to the appropriate national authority.
Pt. VII (ss. 154-186): Transfer of functions (1.4.1996) to the Agency by 1995 c. 25, s. 2(1)(a)(iv) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3