Section 118: Special duties with respect to flood defence revenue., Water Resources Act 1991

Revenue raised by the appropriate agency as mentioned in subsection (2) below—

shall, except for any amount falling within subsection (3) below, be spent only in the carrying out of the appropriate agency's flood and coastal erosion risk management functions, within the meaning of Part 1 of the Flood and Water Management Act 2010, in or for the benefit of the flood risk management region in which it is raised; ...

where the appropriate agency is the Agency, shall be disregarded in determining the amount of any surplus for the purposes of section 44(4) ofthe 1995 Act ; and

The revenue referred to in subsection (1) above is revenue raised by the appropriate agency in a flood risk management region—

by virtue of any regulations under section 74 of the Local Government Finance Act 1988 (power to issue levies);

by general drainage charges under sections 134 and 135 below;

by special drainage charges under sections 137 and 138 below; or

by contributions required under section 139(1) below.

An amount falls within this subsection if it is an amount which the appropriate agency considers it appropriate—

to set aside towards research or related activities or towards meeting the appropriate agency's administrative expenses; ...

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Any amount specified in a resolution under section 58(1)(b) of the Land Drainage Act 1991 in relation to any flood risk management region (allocation of revenue in lieu of contributions) shall be treated for the purposes of this section as if it were revenue actually raised by contributions required under section 139(1) below.

For the purposes of this section, the following sums, that is to say—

any sums held by the appropriate agency by virtue of any transfer of property, rights or liabilities from a water agency in accordance with a scheme under Schedule 2 to the Water Act 1989, in so far as those sums represent amounts which the water agency was required by virtue of paragraph 31 of Schedule 3 to the Water Act 1973 to spend only in the discharge of their land drainage functions in or for the benefit of a particular local land drainage district; and

any sums raised by the appropriate agency in a flood risk management region by virtue of a precept issued under section 46 of the Land Drainage Act 1976,

shall be treated as revenue raised by the appropriate agency as mentioned in subsection (2) above in the corresponding flood risk management region or, as the case may be, in that local flood defence district.

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In this section "flood risk management region" —

in relation to the Agency, means the region of a Regional Flood and Coastal Committee, within the meaning of section 22 of the Flood and Water Management Act 2010 , and

in relation to the NRBW, means Wales, within the meaning of section 158 of the Government of Wales Act 2006.

Section 118: Special duties with respect to flood defence revenue.

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