Section 163 Discharges for works purposes.

England and Wales

(1)

Subject to the following provisions of this section and to section 164 below, where the F1appropriate agency—

(a)

is carrying out, or is about to carry out, the construction, alteration, repair, cleaning, or examination of any reservoir, well, borehole or other work belonging to or used by the appropriate agency for the purposes of, or in connection with, the carrying out of any of its functions; or

(b)

is exercising or about to exercise any power conferred by section 159, 160 or 162(2) or (3) above,

the appropriate agency may cause the water in any relevant pipe or in any such reservoir, well, borehole or other work to be discharged into any available watercourse.

(2)

Nothing in this section shall authorise any discharge which—

(a)

damages or injuriously affects the works or property of any railway company or navigation authority; or

(b)

floods or damages any highway.

(3)

If the appropriate agency fails to take all necessary steps to secure that any water discharged by it under this section is as free as may be reasonably practicable from—

(a)

mud and silt;

(b)

solid, polluting, offensive or injurious substances; and

(c)

any substances prejudicial to fish or spawn, or to spawning beds or food of fish,

it shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(4)

In this section—

“railway company” means the British Railways Board, F2Transport for London or any subsidiary (within the meaning of the Greater London Authority Act 1999) of Transport for London, or any other person authorised by any enactment, or by any order, rule or regulation made under any enactment, to construct, work or carry on a railway; and
“relevant pipe” has the same meaning as in section 159 above.

Annotations

Textual amendments

F1: Words in ss. 161D-164 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 283 (with Sch. 7)
F2: Words in s. 163(4) substituted (15.7.2003) by The Transport for London (Consequential Provisions) Order 2003 (S.I. 2003/1615), art. 1(1), Sch. 1 para. 16(2)

Notes on Part VII

Modifications

C1: Pt. VII (ss. 154-186): Transfer of functions (1.4.1996) to the Agency by 1995 c. 25, s. 2(1)(a)(iv) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Notes on Chapter I

Textual amendments

F1: Words in Pt. 7 Ch. 1 heading substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 277 (with Sch. 7)