Water Resources Act 1991

132 Approval of scheme under section 131

(1) Before submitting a scheme under section 131 above to the Secretary of State for his approval the Authority shall, in such manner as it considers appropriate for bringing it to the attention of persons likely to be affected by it, publish a notice—

(a) setting out its proposals; and

(b) specifying the period within which representations or objections with respect to the proposals may be made to the Secretary of State.

(2) Where any proposed scheme under section 131 above has been submitted to the Secretary of State for his approval, it shall be the duty of the Secretary of State, in determining whether or not to approve the scheme or to approve it subject to modifications—

(a) to consider any representations or objections duly made to him and not withdrawn; and

(b) to have regard to the matters specified in subsection (3) below.

(3) The matters mentioned in subsection (2) above are—

(a) the desirability of ensuring that the amount recovered by the Authority by way of charges fixed by or under schemes under section 131 above does not exceed, taking one year with another, such amount as appears to the Secretary of State to be reasonably attributable to the expenses incurred by the Authority in carrying out its functions under the consent provisions and otherwise in relation to discharges into controlled waters; and

(b) the need to ensure that no undue preference is shown, and that there is no undue discrimination, in the fixing of charges by or under the scheme.

(4) The consent of the Treasury shall be required for the giving of the Secretary of State’s approval to a scheme under section 131 above.

(5) In this section—

• “the consent provisions” means the provisions of Schedule 10 to this Act, together with the provisions of section 91 above and of this section and section 131 above;

• “controlled waters” has the same meaning as in Part III of this Act.