C1Part VII Land and Works Powers

Annotations:
Modifications etc. (not altering text)
C1

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

chapter I POWERS OF THE F3APPROPRIATE AGENCY

Annotations:
Amendments (Textual)

F1Restoration and improvement works for controlled waters

Annotations:
Amendments (Textual)

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.