Part IIE+W Water Resources Management

chapter IIIE+W DROUGHT

76 Provisions of drought order restricting use of water.E+W

(1)The following provisions apply where a drought order contains a provision authorising a water undertaker to prohibit or limit the use of water, that is to say—

(a)the power may be exercised in relation to consumers generally, a class of consumer or a particular consumer;

(b)the water undertaker shall take such steps as it thinks appropriate for bringing the prohibition or limitation to the attention of the persons to whom the prohibition or limitation will apply and, in particular, shall (as the undertaker thinks appropriate)—

(i)cause notice of the prohibition or limitation to be published in one or more local newspapers circulating within that part of the water undertaker’s area which would be affected by the provision of the order; or

(ii)send notice of the prohibition or limitation to the persons to whom the prohibition or limitation will apply;

(c)the prohibition or limitation shall not come into operation until the end of the period of seventy-two hours beginning with the day on which the notice is published or, as the case may be, sent to the person in question.

(2)The Secretary of State may revoke or vary any direction given by him for the purposes of section 74(2)(b) above by a further direction for those purposes.

(3)Where any purpose set out in a direction given for the purposes of section 74(2)(b) above will cease, by virtue of the variation or revocation of the direction, to be one which may be specified in an ordinary drought order, the Secretary of State shall (without an application having been made to him) exercise his power to vary or revoke ordinary drought orders, in so far as any orders in force will be affected by the variation or revocation of the direction, so as to make those orders conform to the variation or reflect the revocation.

(4)The revocation or variation of a direction under subsection (3) above shall not affect either—

(a)the validity of anything done in pursuance of an order before the giving of the further direction; or

(b)any obligation or liability accrued or incurred before the giving of the further direction.