[F1 Operation of Act, and administration E+W+S

Textual Amendments

F1 Act repealed (S.) (1.4.2016) by Reservoirs (Scotland) Act 2011 (asp 9), ss. 8(2), 116(1) (with s. 110); S.S.I. 2016/42, art. 2, sch. (with art. 3)

1 Ambit of Act and interpretation. E+W+S

(1) F2 ...

(2) F2 ...

(3) F2 ...

(4) In relation to any reservoir “undertakers” means for purposes of this Act—

(a) in the case of a reservoir that is or, when constructed, is to be managed and operated [F3 by the Environment Agency, the Natural Resources Body for Wales (the “NRBW”) or a water undertaker, the Environment Agency, the NRBW or, as the case may be, the water] [F4 undertaker]; and

(b) in any other case—

(i) if the reservoir is used or intended to be used for the purposes of any undertaking, the persons for the time being carrying on that undertaking; or

(ii) if the reservoir is not so used or intended to be used, the owners or lessees of the reservoir.

[F5 (4A) The “area” of the Environment Agency, in its capacity as a relevant authority for purposes of this Act, is the whole of England F6 ....]

[F7 (4C) The “area” of the NRBW, in its capacity as a relevant authority for the purposes of this Act, is the whole of Wales.]

(5) This Act shall not be taken as conferring on any person a claim to damages in respect of a breach by undertakers of their obligations under this Act.

[F8 (5A) In this Act, “appropriate agency” means—

(a) in relation to reservoirs in England, the Environment Agency;

(b) in relation to reservoirs in Wales, the NRBW.]

(6) The expressions listed in column 1 of Schedule 1 to this Act have for purposes of this Act the meanings given to them by the provisions of this Act shown in column 2 of the Schedule.]

Textual Amendments

F2 S. 1(1)-(3) omitted (30.7.2013 for E., 1.4.2016 for W.) by virtue of Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 4 para. 3(1) (with s. 49(1)(6)); S.I. 2013/1590, art. 3(b); S.I. 2016/79, art. 2(b)

F3 Words in s. 1(4)(a) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 118(2) (with Sch. 7)

F4 Words in s. 1(4)(a) substituted (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 190, Sch. 25 para. 49 (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)

F5 S. 1(4A) inserted (1.10.2004) by Water Act 2003 (c. 37), ss. 74(1)(c), 105(3); S.I. 2004/2528, art. 2(k) (with Sch. para. 8)

F6 Words in s. 1(4A) omitted (1.4.2013) by virtue of The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 118(3) (with Sch. 7)

F7 S. 1(4C) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 118(4) (with Sch. 7)

F8 S. 1(5A) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 118(5) (with Sch. 7)

Modifications etc. (not altering text)

C1 S. 1 excluded (16.3.1992) by Avon Weir Act 1992 (c. v), s. 12(2)