Drought Act 1976
| Jurisdiction | UK Non-devolved |
Drought Act 1976
1976 CHAPTER 44
An Act to confer fresh powers to meet deficiencies in the supply of water due to exceptional shortage of rain and for connected purposes.
[6th August 1976]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Provision for meeting water shortages—general.
(1) If the Secretary of State is satisfied that, by reason of an exceptional shortage of rain, a serious deficiency of supplies of water in any area exists or is threatened then, subject to the provisions of this section, he may by order make such provision authorised by this section as appears to him to be expedient with a view to meeting the deficiency.
(2) Subject to subsection (6) below, the power to make an order under this section in relation to any area shall only be exercisable where an application is made to the Secretary of State by a water authority or statutory water company who supply water in that area and in this section ‘the authority’ means the water authority or statutory water company on whose application an order is made under this section.
(3) An order under this section may contain any of the following provisions, that is to say—
(a ) provision authorising the authority (or persons authorised to do so by the authority) to take water from any source specified in the order subject to any conditions or restrictions so specified;
(b ) provision authorising the authority to prohibit or limit the use of water for any purpose specified in the order being a purpose for the time being prescribed by the Secretary of State in a direction given to water authorities and statutory water companies generally as a purpose which may be specified by virtue of this paragraph in any order under this section;
(c ) provision authorising the authority (or persons authorised to do so by the authority) to discharge water to any place specified in the order subject to any conditions or restrictions so specified;
(d ) provision authorising the authority to prohibit or limit the taking by any person (including other water authorities or statutory water companies) of water from a source specified in the order if the authority is satisfied that the taking of water from that source seriously affects the supplies available to the authority;
(e ) provision suspending or modifying, subject to any conditions specified in the order, any restriction or obligation to which the authority or any person are or is subject as respects—
(i) the taking of water from any source;
(ii) the discharge of water;
(iii) the supply of water (whether in point of quantity, pressure, quality, means of supply or otherwise); or
(iv) the filtration or other treatment of water;
(f ) provision authorising the authority to suspend, vary or attach conditions to, any consent specified in the order for the discharge within the authority's area (whether by the authority or any other person) of sewage effluent or trade effluent;
and may also contain such supplemental, incidental and consequential provisions as appear to the Secretary of State to be expedient.
(4) An order under this section which contains a provision authorising the authority to prohibit or limit the use of water may authorise the authority to prohibit or limit its use by consumers generally or a class of consumer specified in the order and where the order specifies a class of consumer it may authorise the authority to apply the prohibition or limitation to any particular consumer within that class.
(5) Nothing in an order under this section shall affect the right of the authority, in the event of an interruption or diminution of the supply of water, to raise, charge and levy any water rate or minimum charge which might have been raised, charged and levied if there had been no such interruption or diminution.
(6) The Secretary of State may revoke or vary any direction given by him under subsection (3)(b ) above by a further direction under that paragraph, but where any purpose which is prescribed under that paragraph will cease, by virtue of the variation or revocation, to be one which may be specified in an order under this section the Secretary of State shall (if he does not exercise his power of revocation) exercise his power to vary orders under this section as respects all orders which will be affected by the variation or revocation of the direction so as to make them conform to the variation or reflect the revocation and may do so without an application being made to him.
(7) The revocation or variation of a direction under subsection (6) above shall not affect the validity of anything done in pursuance of an order before the giving of the further direction or any obligation or liability accrued or incurred before the giving of the further direction.
(8) Subject to section 5(6) of this Act, no authorisation given, no prohibition or limitation imposed and no suspension or modification effected by or under an order under this section shall have effect for a period longer than six months beginning with the day on which the order came into operation.
(9) Schedule 1 to this Act shall have effect in relation to the procedure to be followed in connection with the making of orders under this section on the application of water authorities or statutory water companies.
(10) Part I of Schedule 2 to this Act shall have effect with respect to the payment of compensation by the authority to persons affected by orders under this section.
(11) Except as provided by Part I of the said Schedule 2, the authority shall not incur any liability to any person for damage suffered by reason of any thing done or omitted in pursuance of an order under this section.
2 Provision for meeting water shortages in an emergency.
(1) If the Secretary of State is satisfied that, by reason of an exceptional shortage of rain, a serious deficiency of supplies of water in any area exists or is threatened and is further satisfied that the deficiency is such as to be likely to impair the economic or social well-being of persons in the area then, subject to the provisions of this section, he may by order make such provision authorised by this section as appears to him to be expedient with a view to meeting the deficiency.
(2) The power to make an order under this section in relation to any area shall only be exercisable where an application is made to the Secretary of State by a water authority or statutory water company who supply water in that area and in this section ‘the authority’ means the water authority or statutory water company on whose application an order is made under this section.
(3) An order under this section may contain any of the following provisions, that is to say—
(a ) any provision which could be included under this Act in an order under section 1 except one authorised by subsection (3)(b ) of that section;
(b ) provision authorising the authority to prohibit or limit the use of water for such purposes as the authority think fit;
(c ) provision authorising the authority to supply water in their area or in any place within their area by means of stand-pipes or water tanks, and to erect or set up and maintain stand-pipes or water tanks in any street in that area;
and may also contain such supplemental, incidental and consequential provisions as appear to the Secretary of State to be expedient.
(4) The Secretary of State may give such directions as he considers necessary or expedient to an authority on whom powers have been conferred by an order under this section as to the manner in which or the circumstances in which any power is or is not to be exercised.
(5) The following provisions apply where an order under this section contains a provision authorising the authority to prohibit or limit the use of water, that is to say—
(a ) the power may be exercised in relation to consumers generally, a class of consumer or a particular consumer;
(b ) the authority shall take such steps as they think appropriate for bringing the prohibition or limitation to the attention of the persons to whom the prohibition or limitation will apply and, in particular, shall—
(i) cause notice of the prohibition or limitation to be published in one or more local newspapers circulating within that part of the authority's area which would be affected by the provision of the order, or
(ii) send notice of the prohibition or limitation to the persons to whom the prohibition or limitation will apply,
as the authority think appropriate,
(c ) the prohibition or limitation shall not come into operation until the expiration of the period of 72 hours beginning with the day on which the notice is published or sent to the person in question, as the case may be.
(6) It shall be the duty of an authority to whom any direction has been given under subsection (4) above to comply with the direction.
(7) The giving of a direction under subsection (4) above in relation to any power shall not affect the validity of anything done in the exercise of that power before the giving of the direction or any obligation or liability incurred before the giving of the direction.
(8) Subsection (5) of section 1 of this Act shall apply in relation to an order under this section as it applies in relation to an order under that section.
(9) Any works to be carried out under the authority of an order under this section shall be included in the definition of emergency works in section 39(1) of the Public Utilities Street Works Act 1950 .
(10) Subject to section 5(6) of this Act, no authorisation given, no prohibition or limitation imposed and no suspension or modification of any restriction or...
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