Section 39B: Drought plans: preparation and review, Water Industry Act 1991

It shall be the duty of each water undertaker to prepare , publish and maintain a drought plan.

A drought plan is a plan for how the water undertaker will continue, during a period of drought, to discharge its duties to supply adequate quantities of wholesome water, with as little recourse as reasonably possible to drought orders or drought permits under Chapter 3 of Part 2 of the Water Resources Act 1991.

The duties referred to in subsection (2) above include in particular those imposed under or by virtue of—

section 37 above;

sections 67 to 69 below.

A drought plan shall address, in particular, the following matters—

what measures the water undertaker might need to take to restrain the demand for water within its area;

what measures the water undertaker might need to take to obtain extra water from other sources (also taking into account for that purpose the introduction of water into the undertaker's supply system by or on behalf of water supply licensees);

how the water undertaker will monitor the effects of the drought and of the measures taken under the drought plan;

such other matters as the Secretary of State may specify in directions.

Section 37B above (water resources management plans: publication and representations), including any power in that section to make regulations or give directions, applies in relation to drought plans (including revised plans) as it applies in relation to water resources management plans.

Each water undertaker shall review (or further review) its drought plan and prepare and publish a revised plan in each of the following cases—

if there is a material change of circumstances;

if directed to do so by the Secretary of State;

in any event, not later than the end of the period of five years beginning with the date when the plan (or revised plan) was last published in accordance with section 37B(8)(a) above as applied by subsection (5) above,

and shall follow the procedure in section 37B above as applied by subsection (5) above (whether or not the revised plan prepared by the undertaker includes any proposed alterations to the previous plan).

Before preparing its drought plan (including a revised plan), the water undertaker shall consult—

the Environment Agency, if the plan (or revised plan) would affect water resources in England;

the NRBW, if the plan (or revised plan) would affect water resources in Wales;

the Authority;

the Secretary of State; and

any water supply licensee which supplies water to premises in the undertaker's area via the undertaker's supply system.

The Secretary of State may give directions specifying the form which a drought plan must take.

Directions given under this section (including directions given under section 37B above as applied by subsection (5) above) may be—

general directions applying to all water undertakers; or

directions applying only to one or more water undertakers specified in the directions,

and shall be given by an instrument in writing.

It shall be the duty of each water undertaker to whom directions apply to comply with the directions.

Before giving a direction under subsection (6)(b), the Secretary of State shall consult—

the Environment Agency, if the revised plan would affect water resources in England, and

the NRBW, if the revised plan would affect water resources in Wales.

Before giving a direction under subsection (6)(b), the Welsh Ministers shall consult—

the NRBW, if the revised plan would affect water resources in Wales, and

the Environment Agency, if the revised plan would affect water resources in England.

The duty of a water undertaker under this section shall be enforceable by the Secretary of State under section 18 above.

Section 39B: Drought plans: preparation and review

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