Section 20 Water resources management schemes.

England and Wales

(1)

It shall be the duty of the F1appropriate agency so far as reasonably practicable to enter into and maintain such arrangements with water undertakers for securing the proper management or operation of—

(a)

the waters which are available to be used by water undertakers for the purposes of, or in connection with, the carrying out of their functions; and

(b)

any reservoirs, apparatus or other works which belong to, are operated by or are otherwise under the control of water undertakers for the purposes of, or in connection with, the carrying out of their functions,

as the appropriate agency from time to time considers appropriate for the purpose of carrying out its functions under section 6(2) F2or, as the case may be, section 6(2A) of the 1995 Act.

(2)

Without prejudice to the power of the appropriate agency and any water undertaker to include any such provision as may be agreed between them in arrangements under this section, such arrangements may—

(a)

make provision by virtue of subsection (1)(a) above with respect to the construction or installation of any reservoirs, apparatus or other works which will be used by the undertaker in the carrying out of its functions;

(b)

contain provision requiring payments to be made by the appropriate agency to the undertaker; and

(c)

require the reference to and determination by the Secretary of State or the F3Water Services Regulation Authority of questions arising under the arrangements.

(3)

The appropriate agency shall send a copy of any arrangements entered into by it under this section to the Secretary of State; and the obligations of a water undertaker by virtue of any such arrangements shall be enforceable under section 18 of the M1Water Industry Act 1991 (enforcement orders) by the Secretary of State.

Annotations

Textual amendments

F1: Words in s. 20 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 266(2) (with Sch. 7)
F2: Words in s. 20(1) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 266(3) (with Sch. 7)
F3: Words in s. 20(2)(c) substituted (1.4.2006) by Water Act 2003 (c. 37), s. 105(3), Sch. 7 para. 28(2); S.I. 2005/2714, art. 4(f) (with Sch. para. 8)

Marginal citations

M1: 1991 c. 56

Notes on Part II

Modifications

C1: Pt. II: transfer of functions to the Environment Agency (1.4.1996) by 1995 c. 25, s. 2(1)(a)(i) (with ss. 115, 117); S.I. 1996/186, art. 3