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Section 37A Water resources management plans: preparation and reviewF1C1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

It shall be the duty of each water undertaker to prepare F2, publish and maintain a water resources management plan.

(2)

A water resources management plan is a plan for how the water undertaker will manage and develop water resources so as to be able, and continue to be able, to meet its obligations under this Part.

(3)

A water resources management plan shall address in particular—

(a)

the water undertaker’s estimate of the quantities of water required to meet those obligations;

(b)

the measures which the water undertaker intends to take or continue for the purpose set out in subsection (2) above (also taking into account for that purpose the introduction of water into the undertaker’s supply system by or on behalf of F3water supply licensees);

(c)

the likely sequence and timing for implementing those measures; and

(d)

such other matters as the Secretary of State may specify in directions

F4(and see also section 37AA).

(4)

The procedure for preparing F5and publishing a water resources management plan (including a revised plan) is set out in section 37B below.

(5)

Before each anniversary of the date when its plan (or revised plan) was last published, the water undertaker shall —

(a)

review its plan; and

(b)

send a statement of the conclusions of its review to the Secretary of State.

(6)

The water undertaker shall prepare F6and publish a revised plan in each of the following cases—

(a)

following conclusion of its annual review, if the review indicated a material change of circumstances;

(b)

if directed to do so by the Secretary of State;

(c)

in any event, not later than the end of the period of five years beginning with the date when the plan (or revised plan) was last published,

and shall follow the procedure in section 37B below (whether or not the revised plan prepared by the undertaker includes any proposed alterations to the previous plan).

(7)

The Secretary of State may give directions specifying—

(a)

the form which a water resources management plan must take;

(b)

the planning period to which a water resources management plan must relate.

(8)

Before preparing its water resources management plan (including a revised plan), the water undertaker shall consult—

(a)

the Environment AgencyF7, if the plan (or revised plan) would affect water resources in England;

(F8aa)

the NRBW, if the plan (or revised plan) would affect water resources in Wales;

(b)

the Authority;

(c)

the Secretary of State; and

(d)

any F9water supply licensee which supplies water to premises in the undertaker’s area via the undertaker’s supply system.

(F109)

Before giving a direction under subsection (6)(b), the Secretary of State shall consult—

(a)

the Environment Agency, if the revised plan would affect water resources in England, and

(b)

the NRBW, if the revised plan would affect water resources in Wales.

(9A)

Before giving a direction under subsection (6)(b), the Welsh Ministers shall consult—

(a)

the NRBW, if the revised plan would affect water resources in Wales, and

(b)

the Environment Agency, if the revised plan would affect water resources in England.

(10)

In this section, in relation to a water resources management plan, “published” means published in accordance with section 37B(8)(a) below.

Annotations

Textual amendments

F1

Ss. 37A-37D inserted (1.10.2004 for specified purposes and 1.10.2005 for further specified purposes and 1.4.2006 for specified provisions and further purposes and 1.4.2007 otherwise) by Water Act 2003 (c. 37), ss. 62, 105(3); S.I. 2004/2528, art. 2(j) (with art. 4); S.I. 2005/2714, art. 2(i) (with Sch. paras. 6, 8); S.I. 2006/984, art. 2(q) (with art. 3, Sch.); S.I. 2007/1021, art. 2(a)

F2

Word in s. 37A(1) inserted (14.7.2014) by Water Act 2014 (c. 21), ss. 28(2)(a), 94(2)(g)

F3

Words in s. 37A(3)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 47(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F4

Words in s. 37A(3) inserted (14.7.2014) by Water Act 2014 (c. 21), ss. 27(2), 94(2)(g)

F5

Words in s. 37A(4) inserted (14.7.2014) by Water Act 2014 (c. 21), ss. 28(2)(b), 94(2)(g)

F6

Words in s. 37A(6) inserted (14.7.2014) by Water Act 2014 (c. 21), ss. 28(2)(c), 94(2)(g)

F7

Words in s. 37A(8)(a) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 229(2)(a) (with Sch. 7)

F8

S. 37A(8)(aa) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 229(2)(b) (with Sch. 7)

F9

Words in s. 37A(8)(d) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 47(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F10

S. 37A(9)(9A) substituted for s. 37A(9) (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 229(3) (with Sch. 7)

Modifications

C1

Ss. 37A-37D modified (1.10.2004 for specified purposes and 1.10.2005 for further specified purposes and 1.4.2007 otherwise) by S.I. 1999/672, Sch. 2 (as amended by Water Act 2003 (c. 37), ss. 100(3)(7), 105(3); S.I. 2004/2528, art. 2(s) (with savings in art. 4); S.I. 2005/2714, art. 2(k) (with Sch. 2 para. 8); S.I. 2007/1021, art. 2(c)

Notes on Part III

Modifications

C1

Part III: definition of "consumer" applied (01.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 176(7), 225(2).

C2

Part III: definition of "water fittings" applied (01.12.1991) by Statutory Water Companies Act 1991 (c. 58, SIF 130), ss. 15(1), 17(2).

C3

Pt. 3 modified (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 9, Sch. 2

C4

Pt. 3 functions transferred and modified (14.6.2016) by The River Tees Port Health Authority Order 2016 (S.I. 2016/644), arts. 1(1), 9, Sch. 2

C5

Pt. 3: functions etc. assigned to the Port Health Authority and modified (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 9, Sch. 2 (with art. 9(3))

Notes on Chapter I

Textual amendments

F1

Word in Pt. 3 Ch. 1 heading inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 46; S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)