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Water Bill [HL]


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

    172

 

Schedule 5

Section 83(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

    173

 

                           (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 83(2)

 

Compulsory purchase under the Coal Industry Act 1994

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

35

 

 

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

    174

 

Schedule 5) there is inserted—

“Schedule 1B

Modification of compensation provisions etc in relation to the

creation of new rights

Compensation enactments

5

          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

    175

 

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

    176

 

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 98(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

30

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

35

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.”

 

 

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

    177

 

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

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

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”.

5

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

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

  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

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

relevant land”.

          (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

15

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

omitted.

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

subsection (2) is omitted.

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  11       For Schedule 6 (which relates to the making of orders providing for

exemption from restrictions on abstraction) there is substituted—

“SCHEDULE 6

Sections 27A(4) and 39B(7)

 

Orders relating to abstraction of small quantities and compulsory

registration of protected rights

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Notice of draft order

          1                (1)               An application to the Secretary of State for an order under section

27A(1) or 39B(3) of this Act (an “order”) shall be accompanied by

a draft of the proposed order.

                           (2)               Before submitting a draft order to the Secretary of State, the

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Agency shall publish a notice—

                      (a)                     stating the general effect of the draft order;

                      (b)                     specifying the place where a copy of the draft order, and of

any relevant map or plan, may be inspected by any person

free of charge at all reasonable times during the period of

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twenty-eight days beginning with the date of first

publication of the date; and

                      (c)                     stating that any person may within that period, by notice

to the Secretary of State, object to the making of the order.

                           (3)               A notice under this paragraph shall be published either—

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                      (a)                     at least once in each of two successive weeks, in one or

more newspapers circulating in the area to which the draft

order relates; or

 

 

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

    178

 

                      (b)                     in any other manner which, in any particular case, may be

certified by the Secretary of State to be expedient in that

case.

                           (4)               Not later than the date on which the notice is first published in

pursuance of sub-paragraph (2) above, the Agency shall serve a

5

copy of the notice on—

                      (a)                     every local authority (in its capacity as the local planning

authority), joint planning board or National Park authority

whose area consists of, includes or is included in the area

to which the draft order relates;

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                      (b)                     any relevant water undertaker;

                      (c)                     any internal drainage board—

                             (i)                            whose district consists of, includes or is included in

the area to which the draft order relates;

                             (ii)                           from whose district water is discharged into any

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relevant source of supply; or

                             (iii)                          into whose district water is discharged from any

relevant source of supply;

                      (d)                     any navigation authority, harbour authority or

conservancy authority having functions in relation to—

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                             (i)                            any relevant source of supply; or

                             (ii)                           any related inland waters;

                      (e)                     if a relevant source of supply or related inland waters are

tidal waters in relation to which there is no such navigation

authority, harbour authority or conservancy authority, the

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Secretary of State for Transport;

                      (f)                     any person authorised by a licence under Part 1 of the

Electricity Act 1989 to generate electricity who is (in that

capacity) the holder of a licence to abstract water under

Chapter 2 of Part 2 of this Act from—

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                             (i)                            any relevant source of supply; or

                             (ii)                           any related inland waters;

                      (g)                     English Nature, if the area to which the order relates is or

includes England, or part of it;

                      (h)                     the Countryside Council for Wales, if the area to which the

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order relates is or includes Wales, or part of it; and

                      (i)                     the Broads Authority (established under the Norfolk and

Suffolk Broads Act 1988), if the area to which the order

relates is or includes the Broads (as defined in that Act), or

part of it.

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                           (5)               Where an application for an order is made, the Agency shall also

publish a notice in the London Gazette—

                      (a)                     stating that the draft order has been submitted to the

Secretary of State;

                      (b)                     naming the areas of each of the authorities or boards in

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respect of which a copy of the notice is required to be

served under sub-paragraph (4)(a) above;

                      (c)                     specifying a place where a copy of the draft order and of

any relevant map or plan may be inspected; and

 

 

 
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