Water Resources Act 1991

5Ministerial directions to the Authority

(1)Directions of a general or specific character may be given to the Authority—

(a)with respect to the carrying out of the Authority’s functions mentioned in paragraphs (a), (b) and (e) of subsection (1) of section 2 above (other than its functions in connection with the making of applications for orders under section 94 below), by the Secretary of State;

(b)with respect to the making of applications for orders under section 94 below or with respect to the carrying out of its functions mentioned in paragraphs (c) and (d) of that subsection, by either of the Ministers; and

(c)with respect to anything not falling within paragraph (a) or (b) above which is connected with the carrying on of the Authority’s activities generally, by the Ministers.

(2)Without prejudice to the generality of the power conferred by subsection (1) above, directions under that subsection may include such directions as the Secretary of State, the Minister or, as the case may be, both of them consider appropriate in order to enable Her Majesty’s Government in the United Kingdom to give effect—

(a)to any Community obligations; or

(b)to any international agreement to which the United Kingdom is for the time being a party.

(3)The power to give a direction under this section shall be exercisable, except in an emergency, only after consultation with the Authority.

(4)Any power of the Secretary of State or the Minister otherwise than by virtue of this section to give directions to the Authority shall be without prejudice to the power conferred by this section.

(5)It shall be the duty of the Authority to comply with any direction which is given to the Authority, under this section or any of the other provisions of this Act, by either or both of the Ministers.