Part 3General

I147Pre-consolidation amendments

1

The Secretary of State may by order amend a water Act—

a

to eliminate differences between two or more provisions (whether or not of the same Act);

b

to simplify procedure;

c

to correct errors or resolve obscurity.

2

The Secretary of State may make an order only if satisfied that—

a

it will make it easier to consolidate one or more water Acts, and

b

the substantive effect of the change (if any) is proportionate to the advantage to be gained by consolidating the legislation and does not remove any protection.

3

The water Acts are—

a

this Act,

b

the Public Health Act 1936 (so far as relevant to water),

c

the Coast Protection Act 1949,

d

the Reservoirs Act 1975,

e

the Highways Act 1980 (so far as relevant to water),

f

the Land Drainage Act 1991,

g

the Water Industry Act 1991,

h

the Water Resources Act 1991, and

i

the Environment Act 1995 (so far as relevant to water).

4

An order may, in particular, aim to standardise provisions relating to—

a

appeals;

b

compulsory purchase;

c

rights of entry;

d

compensation.

5

An order under this section may not be made unless—

a

the Welsh Ministers have consented to the making of the order,

b

a draft has been laid before and approved by resolution of each House of Parliament, and

c

a Bill for consolidating the enactments amended by the order (with or without other enactments) has been presented to either House of Parliament.

6

A draft laid under subsection (5) must be accompanied by an explanation of—

a

the effect of any changes made, and

b

how they will make consolidation easier.