HL Deb 30 July 1963 vol 252 cc1098-105

1.—(1) Except as otherwise provided by this Schedule, the seaward boundary of a river authority area shall be low-water mark on the coast of the area.

(2) In this Schedule 'low-water mark' means low-water mark of ordinary spring tides.

2.—(1) Subject to any order made under this Schedule, where a river, stream or other waiter-course, whether natural or artificial and whether tidal or not; or any creek in so far as it does not form part of such a watercourse, discharges into the sea, the whole of the mouth of the watercourse within a line from low-water mark at the seaward extremity of one hank to low-water mark at the seaward extremity of the other bank, or the whole of the creek within such a line, as the case may be, shall form part of a river authority area, and, if both banks are in the same river authority area, shall form part of that river authority area.

(2) In this paragraph 'the sea' includes any bay, estuary or arm of the sea.

3. Where the entrance to a dock is on the coast, the whole of the dock shall form part of a river authority area, and, if both sides of the dock are in the same river authority area, shall form part of that river authority area.

4. Where paragraph 2 or paragraph 3 of this Schedule applies, but the banks of the water-course or creek or the sides of the dock, as the case may be, are in different river authority areas, the Minister may by order determine in which river authority area any part of the watercourse, creek or dock is to be comprised.

5.—(1) Without prejudice to the last preceding paragraph, the Minister may by order designate any tidal waters and direct that those waters, in so far as they are below low-water mark,—

  1. (a) shall be included in a river authority area specified in the order, or
  2. (b) shall be excluded from a river authority area so specified or (if the order so provides) shall be excluded from all the river authority areas.

(2) Any tidal waters which, by virtue of an order under this paragraph, are included in a river authority area shall by virtue of the order be excluded from any other river authority area, if apart from the order they would form part of that other area.

(3) Any tidal waters designated by an order under this paragraph shall be so designated by reference to a map; and where by any such order it is proposed to designate any tidal waters for the purpose only of excluding them from a river authority area, or from all river authority areas, those waters may, if the Minister considers it appropriate to do so, be designated as being all tidal waters, which, in so far as they are below low-water mark, lie to seaward of a line specified in the order by reference to a map.

6. Before making an order under this Schedule, the Minister shall prepare a draft order, and shall cause a notice to be published—

  1. (a) stating the general effect of the order;
  2. (b) specifying the places where copies of the draft order and of any map to which it refers may be inspected by any person free of charge at all reasonable times during the period of twenty-eight days beginning with the date on which the notice is first published in a newspaper other than the London Gazette; and
  3. (c) stating that any person may within that period, by notice in writing to the Minister, object to the making of the order.

7.—(1) The places to be specified in a notice in accordance with sub-paragraph (b) of the last preceding paragraph are—

  1. (a) the principal office of every river board whose area includes any part of the relevant coast, and
  2. (b) the office of every county or county borough council whose area includes any part of the relevant coast.

(2) In this paragraph 'the relevant coast'—

  1. (a) in relation to an order under paragraph 4 of this Schedule, means the coast which comprises the part of the river, stream or other watercourse, or the creek or dock, to which the order relates, and
  2. (b) in relation to an order under paragraph 5 of this Schedule, means the coast adjoining the tidal waters designated in the draft order.

8. A notice under paragraph 6 of this Schedule shall be published in the London Gazette and at least once in each of two successive weeks in one or more newspapers (other than the London Gazette) circulating in the area of each river board whose principal office is required to be specified in the notice in accordance with sub-paragraph (b) of that paragraph.

9. If, before the end of the period of twenty-eight days referred to in paragraph 6(b) of this Schedule, notice in writing of an objection is received by the Minister, and the objection is not withdrawn, the Minister, before making the order, shall afford to the objector an opportunity of appearing before, and being heard by, a person appointed by the Minister for the purpose.

10. Subject to the last preceding paragraph, the Minister may make the order either in the form of the draft or in that form as altered in such manner as he may think fit:

Provided that the order shall not be made so as to include in a river authority area any tidal waters which would have been outside all the river authority areas if the order had been made in the form of the draft order.

11. Where an order is made under this Schedule, the Minister shall cause a notice to be published—

  1. (a) stating that the order has been made, either in the form of the draft order or with alterations specified in the notice, as the case may be, and
  2. (b) specifying the places where copies of the order and of any map to which it refers may be inspected by any person free of charge at all reasonable times during the period mentioned in sub-paragraph (1) of the next following paragraph.

12.—(1) The period referred to in sub-paragraph (b) of the last preceding paragraph is the period beginning with the date on which the notice is first published in a newspaper other than the London Gazette and ending with the earliest date by which the Ministers have sent to each of the river authorities concerned a map as required by section 11(1) of this Act.

(2) The places to be specified in a notice under the last preceding paragraph in the case of an order shall be the places specified in the notice published in relation to the draft of that order in accordance with paragraph 6 of this Schedule.

(3) A notice under the last preceding paragraph shall be published in the London Gazette and at least once in each of two successive weeks in one or more newspapers (other than the London Gazette) circulating in the area of each river board whose principal office is included among the places to be specified as mentioned in the last preceding subparagraph.

(4) In this paragraph 'river authority concerned' means a river authority established under section 3 of this Act whose area includes any part of the relevant coast (as defined by paragraph 7(2) of this Schedule).

13.—(1) If any person desires to question the validity of an order under this Schedule on the grounds that it is not within the powers of this Act, or that any requirements of this Act have not been complied with in relation to the order, he may, within six weeks after the first publication of the notice required by paragraph 11 of this Schedule, make an application for the purpose to the High Court; and if any such application is duly made, the court, if satisfied that the order is not within the powers of this Act or that the interests of the applicant have been substantially prejudiced by a failure to comply with any of the requirements of this Act in relation to the order, may quash the order either generally or in so far as it affects the applicant.

(2) Except as provided by the preceding subparagraph, the validity of an order under this Schedule shall not, either before or after the order has been made, be questioned in any legal proceedings whatsoever.

14. Nothing in this Schedule or in any order made thereunder shall affect the extent of a river authority area for the purposes of the enactments relating to land drainage, fisheries or river pollution, or for the purposes of any order, scheme, regulation, award or byelaw made by virtue of any such enactment.")

Schedule 2, page 121, line 17, leave out from ("authority") to ("and") in line 20 and insert ("in relation to which the area of that river board is specified, or is one of those specified, in the third column of Schedule 1 to this Act")

Schedule 3, page 127, line 18, leave out from first ("or") to second ("of") in line 19 and insert ("by any defect in the appointment, or the qualification for appointment, of any person as a member, or as chairman or vice-chairman")

Clause 129, page 128, line 28, at end insert—

"(4) Without prejudice to the proviso to subsection (1) of the said section 76 (which limits the disabilities imposed by that section), that section shall not by virtue of this paragraph apply—

  1. (a) to any interest which a member of a river authority or committee may have in the preparation or revision of a charging scheme or in the raising of any drainage rates or the levying of any general or special drainage charges, or
  2. (b) to any interest in any other matter which such a member may have as the holder of, or as an applicant or prospective applicant for, a licence under this Act, where it is an interest which he has in common with all other holders of, or applicants or prospective applicants for, such licences, or in common with all other persons belonging 1102 to a class of such holders, applicants or prospective applicants.")

Page 130, line 30, leave out ("or officers")

Page 130, line 33, after second ("authorities,") insert ("or other organisation to whose activities the river authority are empowered by this Schedule to contribute")

Page 130, line 36, after ("in") insert ("contributing towards the cost, or")

Page 130, line 40, leave out ("or officers")

Page 130, line 44, leave out from second ("of") to end of line 47 and insert—

  1. ("(i) distinguished persons residing in the area of the river authority, or visiting that area or any works outside that area operated by the river authority, or
  2. (ii) persons representative of, or connected with, other river authorities or similar services, whether inside or outside
the United Kingdom, or in the supply of information to any such persons,

(e) any reasonable expenses incurred in connection with ceremonies connected with the performance by the river authority of any of their functions.")

Page 131, line 2, after ("incurred") insert ("by a member of the authority")

Page 131,line 3, leave out from ("not") to ("exceed") in line 4.

Schedule 4, page 132, line 39, leave out from ("affected") to end of line 48 and insert—

("2. The Ministers shall also, before making any such order, cause copies of the notice referred to in the preceding paragraph to be served as follows, that is to say—

  1. (a) in the case of an order in which it is proposed to designate a new river authority area or to alter one or more river authority areas, copies of the notice shall be served on any river authority whose area is proposed to be altered, on every local authority whose area is wholly or partly included in any relevant area, and on every other authority known by the Ministers to be exercising within any relevant area functions corresponding to the new functions of river authorities, or functions with respect to land drainage, fisheries, river pollution, navigation or harbours;
  2. (b) in the case of an order by which it is proposed to vary an order previously made under section 10 of this Act, but without designating any new river authority area and without altering any river authority area, copies of the notice shall be served on the river authority to whom the order will relate, on every local authority whose area is wholly or partly included in the area of that river authority, and on every other authority known to the Ministers to be exercising within that river authority area functions with respect to land drainage, navigation or harbours.

In sub-paragraph (a) of this paragraph 'any relevant area ', in relation to an order, means any river authority area which is proposed to be altered by the order and any area which is not for the time being comprised in a river authority area but is proposed to be comprised in a river authority area (whether a new river authority area or not) by virtue of the order.")

Schedule 4, page 133, line 6, at end insert—

("3.—(1) Where sub-paragraph (a) of paragraph 2 of this Schedule applies, and an objection has been duly made by any body on whom notice is required to be served under that sub-paragraph and has not been withdrawn, then if the order is made the Ministers shall serve notice of the making of the order on every such body who has duly made an objection which has not been withdrawn.

(2) Where a notice is required to be served under the preceding sub-paragraph, the order shall not have effect before the expiry of a period of twenty-eight days from the date of service of that notice; and if within that period any such body gives notice to either of the Ministers objecting to the order, and the objection is not withdrawn, the order shall be subject to special parliamentary procedure.")

Schedule 4, page 133, line 7, leave out ("such an order") and insert ("an order under section 10 of this Act")

Schedule 4, page 133, line 11, at end insert— ("Provided that, in the case of an order to which sub-paragraph (1) of the last preceding paragraph applies, the notice shall not be published until the expiry of the period of twenty-eight days referred to in sub-paragraph (2) of that paragraph, and shall state whether or not the order is to be subject to special parliamentary procedure.")

Schedule 4, page 133, line 12, at beginning insert ("Subject to the next following subparagraph")

Schedule 4, page 133, line 22, at end insert— ("(2) The preceding sub-paragraph shall not apply to any order which is confirmed by Act of Parliament under section 6 of the Statutory Orders (Special Procedure) Act 1945, and shall have effect in relation to any other order which is subject to special parliamentary procedure by virtue of the provisions of this Schedule as if, for the reference to the first publication of the notice required by the last preceding paragraph, there were substituted a reference to the date on which the order becomes operative under the said Act of 1945.")

Schedule 4, page 133,page 133, line 23, leave out ("the preceding sub-paragraph") and insert ("sub-paragraph (1) of this paragraph")

Schedule 4, page 133, line 24, after ("not") insert ("either before or after the order has been made")

Schedule 6, page 134, line 42, after ("to") insert ("any")

Schedule 6, page 134, line 45, leave out ("and") and insert—

  1. ("(f) any navigation authority, harbour authority or conservancy authority having functions in relation to any other inland 1104 water, where it appears to the river authority that changes in the flow of an inland water to which the draft statement relates may affect the flow of that other inland water, or, if that other inland water is a tidal water and there is no such navigation authority, harbour authority or conservancy authority, the Minister of Transport;
  2. (g) every person who has given notice to the river authority requesting them to notify him of action taken in connection with the determination of a minimum acceptable flow for an inland water to which the draft statement relates, and, if the river authority have required him to pay a reasonable charge for being so notified, has paid that charge; and")

Schedule 6, page 135, line 20, after ("paragraph") insert ("notice in writing of")

Schedule 6, page 136, line 17, after ("paragraph") insert ("notice in writing of")

Schedule 6, page 137, line 1, after ("in") insert ("paragraph 4(g) and")

Schedule 6, page 138, line 2, leave out from ("authority") to ("as") in line 4 and insert ("required by this Act to be consulted before the preparation of the draft statement or the submission of the proposals")

Schedule 6, page 138, line 5, after ("if") insert ("either—

(i)")

Schedule 6, page 138, line 9, leave out from beginning to ("or") in line 10 and insert ("inland water to which the draft statement relates or the proposals relate, as the case may be")

Schedule 6, page 138, line 11, at end insert ("or (ii) in accordance with either of those paragraphs as so applied, an objection is received by the Minister from an association or person claiming to represent a substantial fishery interest which is affected by the statement or the proposals, as the case may be, and it is certified to the Minister by the Minister of Agriculture, Fisheries and Food that the association or person in question appears to the last-mentioned Minister to represent such an interest")

Schedule 7, page 139, line 48, after ("paragraph") insert ("notice in writing of")

Schedule 7, page 140, line 18, at end insert ("and subsections (5) to (7) of section 45 of this Act shall have effect in relation to compensation payable by virtue of this paragraph as they have effect in relation to compensation payable under that section")

Schedule 9, page 144, line 41, after ("to") insert ("either of")

Schedule 9, page 145, line 29, after ("not") insert ("either before or after the order has been made")

Schedule 9, page 145, line 29, leave out line 45 and insert ("(and, in the case of anything falling to be done by the Ministers, those Ministers acting jointly) and paragraph 4(2) of this Schedule shall have effect as if for the words of the Ministers' there were substituted the words 'any of the Ministers'")

After Schedule 9, insert the following new Schedule—