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Water Bill [HL]


Water Bill [HL]
Schedule 5 — Powers of entry under the Coal Industry Act 1994

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          (4)      The powers of the Authority under sub-paragraphs (1) and (2) may not be

exercised after the end of the period of two years beginning with the

commencement of this Schedule and Schedule 8.

          (5)      The Secretary of State may give directions to the Authority for the purpose

of securing that conditions of appointment are modified in consequence of

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the amendments to the WIA made by this Schedule and Schedule 8; and the

Authority shall comply with any such direction.

Schedule 5

Section 78(2)

 

Powers of entry under the Coal Industry Act 1994

           After Schedule 1 to the Coal Industry Act 1994 (c. 21) there is inserted—

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“Schedule 1A

Supplemental provisions with respect to powers of entry

Interpretation

          1                (1)               In this Schedule—

                       “designated person” means an authorised person, within

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the meaning of section 4B of this Act and includes a

person designated by virtue of paragraph 2 below;

                       “relevant power” means a power conferred by section 4B of

this Act, including a power exercisable by virtue of a

warrant under this Schedule.

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                           (2)               Expressions used in this Schedule and in section 4B of this Act

have the same meaning in this Schedule as they have in that

section.

Issue of warrants

          2                (1)               If it is shown to the satisfaction of a justice of the peace, on sworn

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information in writing—

                      (a)                     that there are reasonable grounds for the exercise in

relation to any premises of a relevant power; and

                      (b)                     that one or more of the conditions specified in sub-

paragraph (2) below is fulfilled in relation to those

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premises,

                                                               the justice may by warrant authorise the Authority to designate a

person who shall be authorised to exercise the power in relation to

those premises, in accordance with the warrant and, if need be, by

force.

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                           (2)               The conditions mentioned in sub-paragraph (1)(b) above are—

                      (a)                     that the exercise of the power in relation to the premises

has been refused;

                      (b)                     that such a refusal is reasonably expected;

 

 

Water Bill [HL]
Schedule 5 — Powers of entry under the Coal Industry Act 1994

    169

 

                      (c)                     that the premises are unoccupied; or

                      (d)                     that the occupier is temporarily absent from the premises

and the case is one of urgency.

                           (3)               In a case where subsection (5) of section 4B of this Act applies, a

justice of the peace shall not issue a warrant under this Schedule

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merely because he is satisfied that the exercise of a power in

relation to any premises has been refused, or that a refusal is

reasonably expected, unless he is also satisfied that the notice

required by that subsection has been given and that the period of

that notice has expired.

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                           (4)               Every warrant under this Schedule shall continue in force until the

purposes for which the warrant was issued have been fulfilled.

Manner of exercise of powers

          3                 A person designated as the person who may exercise a relevant

power shall produce evidence of his designation and other

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authority before he exercises the power.

Duty to secure premises

          4                 A person who, in the exercise of a relevant power, enters on any

premises which are unoccupied or whose occupier is temporarily

absent shall leave the premises as effectually secured against

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trespassers as he found them.

Compensation

          5                (1)               Where any person exercises any power conferred by section

4B(3)(a) or (c) or (4) of this Act, it shall be the duty of the Authority

to make full compensation to any person who has sustained loss

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or damage by reason of—

                      (a)                     the exercise by the designated person of that power; or

                      (b)                     the performance of, or failure of the designated person to

perform, the duty imposed by paragraph 4 above.

                           (2)               Compensation shall not be payable by virtue of sub-paragraph (1)

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above in respect of any loss or damage if the loss or damage is

attributable to the default of the person who sustained it.

                           (3)               Any dispute as to a person’s entitlement to compensation under

this paragraph, or as to the amount of any such compensation,

shall be referred to the arbitration of a single arbitrator, appointed

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by agreement between the Authority and the person who claims

to have sustained the loss or damage or, in default of agreement,

by the Secretary of State.

                           (4)               A designated person shall not be liable in any civil or criminal

proceedings for anything done in the purported exercise of any

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relevant power if the court is satisfied that the act was done in

good faith and that there were reasonable grounds for doing it.”

 

 

Water Bill [HL]
Schedule 6 — Compulsory purchase under the Coal Industry Act 1994

    170

 

Schedule 6

Section 78(2)

 

Compulsory purchase under the Coal Industry Act 1994

           After Schedule 1A to the Coal Industry Act 1994 (c. 21) (which is inserted by

Schedule 5) there is inserted—

“Schedule 1B

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Modification of compensation provisions etc in relation to the

creation of new rights

Compensation enactments

          1                 Subject to the following provisions of this Schedule, the

enactments for the time being in force with respect to

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compensation for the compulsory purchase of land shall apply

with the necessary modifications as respects compensation in the

case of a compulsory acquisition under section 4B of this Act of a

right by the creation of a new right as they apply as respects

compensation on the compulsory purchase of land and interests in

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land.

Adaptation of the Compulsory Purchase Act 1965

          2                (1)               The Compulsory Purchase Act 1965 (in the following provisions of

this Schedule referred to as “the 1965 Act”) shall have effect with

the modifications necessary to make it apply to the compulsory

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acquisition under section 4B of this Act of a right by the creation of

a new right as it applies to the compulsory acquisition under that

section of land, so that, in appropriate contexts, references in that

Act to land are to be read (according to the requirements of the

particular context) as referring to, or as including references to—

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                      (a)                     the right acquired or to be acquired; or

                      (b)                     the land over which the right is or is to be exercisable.

                           (2)               Without prejudice to the generality of sub-paragraph (1) above,

Part 1 of the 1965 Act shall apply in relation to the compulsory

acquisition under section 4B this Act of a right by the creation of a

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new right with the modifications specified in the following

provisions of this Schedule.

Section 7 of the 1965 Act

          3                 For section 7 of the 1965 Act (measure of compensation) there shall

be substituted the following section—

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                    “7                                            I                                            n assessing the compensation to be paid by the acquiring

authority under this Act regard shall be had not only to the

extent (if any)                     to which the value of the land over which the

right is to be acquired is depreciated by the acquisition of the

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right but also to the damage (if any) to be sustained by the

 

 

Water Bill [HL]
Schedule 6 — Compulsory purchase under the Coal Industry Act 1994

    171

 

                    owner of the land by reason of its severance from other land

of his, or injuriously affecting that other land by the exercise

of the powers conferred by this or the special Act.”

Section 8 of the 1965 Act

          4                 For subsection (1) of section 8 of the 1965 Act (protection for

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vendor against severance of house, garden, etc) there shall be

substituted the following subsections—

                    "(1)                  No person shall be required to grant any right over part

only—

                           (a)                          of any house, building or manufactory; or

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                           (b)                          of a park or garden belonging to a house,

                                                                if he is willing to sell the whole of the house, building,

manufactory, park or garden, unless the Lands Tribunal

determine that—

                           (i)                          in the case of a house, building or manufactory, the

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part over which the right is proposed to be acquired

can be made subject to that right without material

detriment to the house, building or manufactory; or

                           (ii)                         in the case of a park or garden, the part over which the

right is proposed to be acquired can be made subject

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to that right without seriously affecting the amenity

or convenience of the house;

                                                                and, if the Lands Tribunal so determine, the Tribunal shall

award compensation in respect of any loss due to the

acquisition of the right, in addition to its value; and

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thereupon the party interested shall be required to grant to

the acquiring authority that right over the part of the house,

building, manufactory, park or garden.

                    (1A)                  In considering the extent of any material detriment to a

house, building or manufactory, or any extent to which the

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amenity or convenience of a house is affected, the Lands

Tribunal shall have regard not only to the right which is to be

acquired over the land, but also to any adjoining or adjacent

land belonging to the same owner and subject to compulsory

purchase.”

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Effect of deed poll

          5                 The following provisions of the 1965 Act (being provisions stating

the effect of a deed poll executed in various circumstances where

there is no conveyance by persons with interests in the land)—

                      (a)                     section 9(4) (refusal by owners to convey);

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                      (b)                     paragraph 10(3) of Schedule 1 (owners under incapacity);

                      (c)                     paragraph 2(3) of Schedule 2 (absent and untraced

owners); and

                      (d)                     paragraphs 2(3) and 7(2) of Schedule 4 (common land),

                                              shall be so modified as to secure that, as against persons with

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interests in the land which are expressed to be overridden by the

deed, the right which is to be compulsorily acquired is vested

absolutely in the acquiring authority.

 

 

Water Bill [HL]
Schedule 7 — Minor and consequential amendments
Part 1 — Abstraction and impounding

    172

 

Section 11 of the 1965 Act

          6                 Section 11 of the 1965 Act (powers of entry) shall be so modified as

to secure that, as from the date on which the acquiring authority

have served notice to treat in respect of any right, they have

power, exercisable in the like circumstances and subject to the like

5

conditions, to enter for the purpose of exercising that right (which

shall be deemed for this purpose to have been created on the date

of service of the notice); and sections 12 (penalty for unauthorised

entry) and 13 (entry on warrant in the event of obstruction) shall

be modified correspondingly.

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Section 20 of the 1965 Act

          7                 Section 20 of the 1965 Act (protection for interests of tenants at will

etc) shall apply with the modifications necessary to secure that

persons with such interests as are mentioned in that section are

compensated in a manner corresponding to that in which they

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would be compensated on a compulsory acquisition under section

4B of this Act of that land, but taking into account only the extent

(if any) of such interference with such an interest as is actually

caused, or likely to be caused, by the exercise of the right in

question.

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Section 22 of the 1965 Act

          8                 Section 22 of the 1965 Act (protection of acquiring authority’s

possession where by inadvertence an estate, right or interest has

not been got in) shall be so modified as to enable the acquiring

authority, in circumstances corresponding to those referred to in

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that section, to continue entitled to exercise the right acquired,

subject to compliance with that section as respects compensation.”

Schedule 7

Section 93(1)

 

Minor and consequential amendments

Part 1

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Abstraction and impounding

Water Resources Act 1991 (c. 57)

  1        The WRA is amended as follows.

  2        In section 34 (regulations with respect to applications under Chapter 2 of

Part 2)—

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              (a)             in subsection (1), after “particulars,” there is inserted “be

accompanied by such reports,”,

              (b)             in subsection (2), at the end there is added “, and provision for

making such applications available for public inspection.”.

 

 

Water Bill [HL]
Schedule 7 — Minor and consequential amendments
Part 1 — Abstraction and impounding

    173

 

  3        In section 40 (obligations to take river flow etc into account), in subsection

(4)(b), for “neither discrete waters nor waters comprised in an order under

section 33 above” there is substituted “not discrete waters”.

  4        In section 51 (modification of licence on application of licence holder), after

subsection (2) there is inserted—

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              “(2A)                An application may not be made under subsection (2) above to

convert an abstraction licence of one type into an abstraction licence

of a different type.”

  5        In section 57 (emergency variation of licences for spray irrigation purposes),

in subsection (3), for “neither discrete waters nor inland waters comprised in

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an order under section 33 above” there is substituted “not discrete waters”.

  6        In section 61 (compensation for licence modified on direction of Secretary of

State), in subsection (1), for “55” there is substituted “56”.

  7        In section 66 (inland waters owned or managed by British Waterways

Board), subsection (2)(a) is omitted.

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  8       (1)      Section 67 (ecclesiastical property) is amended as follows.

          (2)      In subsections (1) and (2), after “Where the relevant land belongs to a

benefice” there is inserted “or (in the case of a licence under this Chapter to

abstract water) where it is a benefice which has a right of access to the

relevant land”.

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          (3)      In subsection (8), in the definition of “the relevant land”, for paragraph (a)

there is substituted—

                    “(a)                      the land to which an applicant for a licence to abstract water

is required by section 35 above to have a right of access;”.

  9        In section 71 (modification of local enactments), in subsection (4), “33,” is

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omitted.

  10       In section 125 (specific exemptions from water resources charges),

subsection (2) is omitted.

  11      (1)      Schedule 6 (which relates to the making of orders providing for exemption

from restrictions on abstraction) is amended as follows.

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          (2)      In paragraph 1(1)—

              (a)             for “section 33” there is substituted “section 27A or 39B(3)”; and

              (b)              “(“an exemption order”)” is omitted.

          (3)      In paragraph 3—

              (a)             in sub-paragraph (3), for “section 33(4)” there is substituted “section

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27A(2) or 39B(6)”; and

              (b)             sub-paragraph (5) is omitted.

          (4)      In paragraph 4, for “section 33”, in both places, there is substituted “section

27A or 39B(3)”.

          (5)      Wherever else it occurs, “exemption” is omitted.

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          (6)      In the heading, for “EXEMPTION FROM RESTRICTIONS FROM

ABSTRACTION” there is substituted “CHANGE IN RIGHTS TO

ABSTRACT SMALL QUANTITIES AND COMPULSORY REGISTRATION

OF PROTECTED RIGHTS”.

 

 

Water Bill [HL]
Schedule 7 — Minor and consequential amendments
Part 2 — New regulatory arrangements, etc

    174

 

Part 2

New regulatory arrangements, etc

Public Records Act 1958 (c. 51)

  12       In Schedule 1 to the Public Records Act 1958 (definition of public records),

at the appropriate place in Part 2 of the Table at the end of paragraph 3 there

5

is inserted—

          “Consumer Council for Water.”

Public Bodies (Admission to Meetings) Act 1960 (c. 67)

  13       In the Schedule to the Public Bodies (Admission to Meetings) Act 1960

(bodies to which Act applies), for paragraph 1(k) there is substituted—

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          “(k)                                   regional committees of the Consumer Council for Water

established under section 27A of the Water Industry Act 1991.”

Parliamentary Commissioner Act 1967 (c. 13)

  14       In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments

and authorities subject to investigation)—

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              (a)             there is inserted at the appropriate places—

                 “Consumer Council for Water.”

                 “Water Services Regulation Authority.”, and

              (b)             the entry relating to the Office of the Director General of Water

Services is omitted.

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Superannuation Act 1972 (c. 11)

  15       In Schedule 1 to the Superannuation Act 1972, in the list of “Other Bodies”

there is inserted at the appropriate place—

          “The Consumer Council for Water.”

House of Commons Disqualification Act 1975 (c. 24)

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  16      (1)      Schedule 1 to the House of Commons Disqualification Act 1975 is amended

as follows.

          (2)      In Part 2 (bodies of which all members are disqualified), there is inserted at

the appropriate places—

          “The Consumer Council for Water, and each regional committee of the

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Council established under section 27A of the Water Industry Act

1991.”

          “The Water Services Regulation Authority.”

          (3)      In Part 3 (other disqualifying offices), the entries relating to the following are

omitted—

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              (a)             the Chairman of a customer service committee maintained under

section 28 of the Water Industry Act 1991, and

              (b)             the Director General of Water Services.

 

 

 
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