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Water Bill [HL]


Water Bill [HL]
Schedule 4 — Licensing of water suppliers

    167

 

       66L            Section 66K: supplementary

              (1)             The Secretary of State may by order made by statutory instrument

revoke an order by which an exemption was granted to a person

under section 66K(1) above or vary an order by which more than one

exemption was so granted so as to terminate any of the exemptions—

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                    (a)                   at the person’s request;

                    (b)                   in accordance with any provision of the order by which the

exemption was granted; or

                    (c)                   if it appears to the Secretary of State inappropriate that the

exemption should continue to have effect.

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              (2)             The Secretary of State may by order made by statutory instrument

revoke an order by which an exemption was granted to persons of a

class under section 66K(1) above or vary an order by which more

than one exemption was so granted so as to terminate any of the

exemptions—

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                    (a)                   in accordance with any provision of the order by which the

exemption was granted; or

                    (b)                   if it appears to the Secretary of State inappropriate that the

exemption should continue to have effect.

              (3)             The Secretary of State may by direction withdraw an exemption

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granted to persons of a class under section 66K(1) above from any

person of that class—

                    (a)                   at the person’s request;

                    (b)                   in accordance with any provision of the order by which the

exemption was granted; or

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                    (c)                   if it appears to the Secretary of State inappropriate that the

exemption should continue to have effect in the case of the

person.

              (4)             Before making an order under subsection (1)(b) or (c) or (2) above or

giving a direction under subsection (3)(b) or (c) above, the Secretary

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of State shall—

                    (a)                   consult the Authority; and

                    (b)                   give notice—

                           (i)                          stating that he proposes to make such an order or give

such a direction;

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                           (ii)                         stating the reasons why he proposes to make such an

order or give such a direction; and

                           (iii)                        specifying the time (not being less than twenty-eight

days from the date of publication of the notice) within

which representations or objections with respect to

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the proposals may be made,

                                          and shall consider any representations or objections which

are duly made and not withdrawn.

              (5)             The notice under subsection (4) above shall be given—

                    (a)                   where the Secretary of State is proposing to make an order

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under subsection (1)(b) or (c) above, by serving a copy of it on

the person to whom the exemption was granted;

 

 

Water Bill [HL]
Schedule 4 — Licensing of water suppliers

    168

 

                    (b)                   where he is proposing to make an order under subsection (2)

above, by publishing it in such manner as the Secretary of

State considers appropriate for bringing it to the attention of

persons of the class of persons to whom the exemption was

granted; and

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                    (c)                   where he is proposing to give a direction under subsection

(3)(b) or (c) above, by serving a copy of it on the person from

whom he proposes to withdraw the exemption.

              (6)             A statutory instrument containing an order under subsection (1) or

(2) above or subsection (1) of section 66K above shall be subject to

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annulment in pursuance of a resolution of either House of

Parliament.

              (7)             The power to—

                    (a)                   make an order under subsection (1) or (2) above or subsection

(1) of section 66K above; or

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                    (b)                   give a direction under subsection (3) above,

                              is exercisable by the Assembly (and not by the Secretary of State) in

relation to any supply system of a water undertaker whose area is

wholly or mainly in Wales.

              (8)             Accordingly, subsections (1) to (5) above and section 66K above

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apply in relation to an order made or a direction given by the

Assembly by virtue of subsection (7) above as they apply in relation

to an order made or direction given by the Secretary of State.”

  4       (1)      The Water Services Regulation Authority (“the Authority”) may, in

accordance with this paragraph, modify the conditions of appointment of a

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company appointed under Chapter 1 of Part 2 of the WIA to be a water

undertaker where it considers it necessary or expedient to do so in

consequence of the amendments to the WIA made by this Schedule and

Schedule 8.

          (2)      Where the Authority modifies under sub-paragraph (1) any conditions of

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appointment it may make such incidental or consequential modifications as

it considers necessary or expedient of other conditions of the appointment.

          (3)      Before making any modifications under sub-paragraph (1) or (2), the

Authority shall consult—

              (a)             the company holding the appointment; and

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              (b)             such other persons (if any) as the Authority thinks it appropriate to

consult.

          (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.

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          (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

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

Authority shall comply with any such direction.

 

 

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

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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—

“Schedule 1A

Supplemental provisions with respect to powers of entry

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Interpretation

          1                (1)               In this Schedule—

                       “designated person” means an authorised person, within

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

person designated by virtue of paragraph 2 below;

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

this Act, including a power exercisable by virtue of a

warrant under this Schedule.

                           (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

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section.

Issue of warrants

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

information in writing—

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

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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

premises,

                                                               the justice may by warrant authorise the Authority to designate a

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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.

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

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

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has been refused;

                      (b)                     that such a refusal is reasonably expected;

                      (c)                     that the premises are unoccupied; or

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

and the case is one of urgency.

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                           (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

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

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

that notice has expired.

 

 

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

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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.”

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

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

    171

 

Schedule 5) there is inserted—

“Schedule 1B

Modification of compensation provisions etc in relation to the

creation of new rights

Compensation enactments

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          1                 Subject to the following provisions of this Schedule, the

enactments for the time being in force with respect to

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

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

compensation on the compulsory purchase of land and interests in

land.

Adaptation of the Compulsory Purchase Act 1965

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

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

the modifications necessary to make it apply to the compulsory

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

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

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

                      (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,

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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

new right with the modifications specified in the following

provisions of this Schedule.

Section 7 of the 1965 Act

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

be substituted the following section—

                                                                

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

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

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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

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

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

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

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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

 

 

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

    172

 

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

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

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                              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

part over which the right is proposed to be acquired

can be made subject to that right without material

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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

to that right without seriously affecting the amenity

or convenience of the house;

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                              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 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.

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

building or manufactory, or any extent to which the 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

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and subject to compulsory purchase.”

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)—

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

                      (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),

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

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.

Section 11 of the 1965 Act

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          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

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

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

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

 

 

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

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

be modified correspondingly.

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

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persons with such interests as are mentioned in that section are

compensated in a manner corresponding to that in which they

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

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

question.

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

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

authority, in circumstances corresponding to those referred to in

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

subject to compliance with that section as respects compensation.”

Schedule 7

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Section 93(1)

 

Minor and consequential amendments

Part 1

Abstraction and impounding

Water Resources Act 1991 (c. 57)

  1        The WRA is amended as follows.

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

Part 2)—

              (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

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making such applications available for public inspection.”.

  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

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subsection (2) there is inserted—

              “(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.”

 

 

 
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