Part VII E+W+S Land and Works Powers

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 E+W+S POWERS OF THE [F1 APPROPRIATE AGENCY]

Textual Amendments

F1 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)

[F2 Restoration and improvement works for controlled waters E+W

Textual Amendments

F2 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)

161AA. Works notices: form etc E+W

(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 [F3 appropriate 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 [F3 appropriate 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.]

Textual Amendments

F3 Words in ss. 159-161B substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 283 (with Sch. 7)

Modifications etc. (not altering text)

C2 Ss. 161-161D modified by S.I. 2010/675, Sch. 23 Pt. 8 para. 3 Table 9 (as substituted (1.10.2011) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2011 (S.I. 2011/2043), reg. 1(b), Sch. 1)

C3 Ss. 161-161D modified (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 23 Pt. 7 paras. 1(3), 2 (with regs. 1(3), 77-79, Sch. 4)