Introductory text

WATER RESOURCES, ENGLAND

Made 25th May 2006

Coming into force 26th May 2006

The Secretary of State is satisfied, as mentioned in section 73(1)(a) of the Water Resources Act 1991^f1 (“the Act”) that, by reason of an exceptional shortage of rain, a serious deficiency of supplies of water is threatened in the area of supply of Mid Kent Water Limited (“the Company”).

An application to the Secretary of State has been made by the Company for an ordinary drought order under section 73(3)(b) of the Act^f2.

The Secretary of State is satisfied that the proper notices of the application have been published and served by the Company in accordance with paragraph 1 of Schedule 8 to the Act^f3.

Certain objections to the application have been made to the Secretary of State.

In accordance with paragraph 2(1)(b) of Schedule 8 to the Act, an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose has been afforded to the objectors, the Company and other persons to whom it appeared to the Secretary of State expedient to afford such an opportunity.

Under section 74(2)(b) of the Act, the Secretary of State has given to water undertakers generally a direction dated 18th April 1991 and entitled the Drought Direction 1991^f4.

It appears to the Secretary of State expedient, with a view to meeting the deficiency of supplies of water in the Company’s area of supply, to authorise the Company, under section 74(2)(b) of the Act, to prohibit or limit the use of water which it supplies in that area for certain purposes, being the purposes set out in the Drought Direction 1991, other than the use of water for the purposes of filling ornamental ponds that are wildlife garden ponds.

The Secretary of State makes the following Order in exercise of the powers conferred by sections 73(1), 74(2)(b) and 74(5)(a) of, and paragraph 2(5) of Schedule 8 to, the Act^f5:

Annotations

Footnotes

f1: 1991 c. 57; section 73(1) of the Water Resources Act 1991 was amended by paragraph 139(1) and (2) of Schedule 22 to the Environment Act 1995 (c. 25).
f2: Section 73(3) of the Water Resources Act 1991 was amended by paragraphs 128, and 139(1) and (3), of Schedule 22 to the Environment Act 1995 (c. 25).
f3: Paragraph 1(2) of Schedule 8 was amended by paragraph 128 of Schedule 22 to the Environment Act 1995 (c. 25) and section 22(5) of, and paragraph 3(7) of Part 1 of Schedule 11 to, the Local Government (Wales) Act 1994 (c. 19).
f4: A copy of the Drought Direction 1991 can be obtained from Water Supply & Regulation Division, Department of Environment, Food and Rural Affairs, Room 304, 55 Whitehall c/o 3-8 Whitehall Place, London SW1A 2HH.
f5: Section 73(1) of the Water Resources Act 1991 was amended by paragraph 139(1) and (2) of Schedule 22 to the Environment Act 1995 (c. 25).