Water Act 1989

• (3) The power conferred by virtue of paragraph (b) of sub-paragraph (1) above, and the power conferred in relation to that paragraph by virtue of paragraph (d) of that sub-paragraph, shall be exercisable in relation to a service pipe irrespective of the person to whom the pipe belongs; but expenses incurred in exercising those powers in relation to any pipe shall be recoverable from the person to whom the pipe belongs only if and to the extent that that person has agreed to pay them.

• (4) The powers conferred by this paragraph shall be exercisable only after reasonable notice of the proposed exercise of the power has been given to the owner and to the occupier of the land where the power is to be exercised.

• (5) Subject to sub-paragraph (6) below, in relation to any exercise of the powers conferred by this paragraph for the purpose of laying or altering a relevant pipe, the minimum period that is capable of constituting reasonable notice for the purposes of sub-paragraph (4) above shall be deemed—

• (a) where the power is exercised for the purpose of laying a relevant pipe otherwise than in substitution for an existing pipe of the same description, to be three months; and

• (b) where the power is exercised for the purpose of altering an existing pipe, to be forty-two days.

• (6) Sub-paragraph (5) above shall not apply in the case of any notice given within the period of one year beginning with the transfer date or in the case of any notice given with respect to the exercise of any power in an emergency or for the purpose of—

• (a) laying or altering a service pipe; or

• (b) complying with a duty imposed under section 40 or 71 of this Act.

Stopcocks

5

• (1) Subject to sub-paragraph (2) below and without prejudice to paragraph 4 above, a water undertaker shall have power, at its own expense, to fit a stopcock to any service pipe by which a supply of water is or is to be provided to any premises by the undertaker, whether that pipe belongs to the undertaker or to any other person.

• (2) A stopcock fitted in private premises by a water undertaker to any service pipe shall be situated as near as practicable to any street from which that pipe enters those premises.

Compensation for works other than street works

6

• (1) If the value of any interest in any relevant land is depreciated by virtue of the exercise by the Authority, or by any water undertaker or sewerage undertaker, of any power conferred by virtue of paragraph 4 or 5 above, the person entitled to that interest shall be entitled to compensation from the Authority or, as the case may be, the undertaker of an amount equal to the amount of the depreciation.

• (2) Where the person entitled to an interest in any relevant land sustains loss or damage which—

• (a) is attributable to the exercise by the Authority or by any water undertaker or sewerage undertaker of any power conferred by virtue of paragraph 4 or 5 above;

• (b) does not consist in depreciation of the value of that interest; and

• (c) is loss or damage for which he would have been entitled to compensation by way of compensation for disturbance, if his interest in that land had been compulsorily acquired under section 151 of this Act,

he shall be entitled to compensation from the Authority or, as the case may be, the undertaker in respect of that loss or damage, in addition to compensation under sub-paragraph (1) above.

• (3) Where any damage to, or injurious affection of, any land which is not relevant land is attributable to the exercise by the Authority, or by any water undertaker or sewerage undertaker, of any power conferred by virtue of paragraph 4 or 5 above, the Authority or, as the case may be, the undertaker shall pay compensation in respect of that damage or injurious affection to every person entitled to an interest in that land.

• (4) Any question of disputed compensation under this paragraph, shall be referred to and determined by the Lands Tribunal; and in relation to the determination of any such compensation the provisions of sections 2 and 4 of the Land Compensation Act 1961 shall apply, subject to any necessary modifications.

• (5) For the purpose of assessing any compensation under this paragraph, so far as that compensation is in respect of loss or damage consisting in depreciation of the value of an interest in land, the rules set out in section 5 of the Land Compensation Act 1961 shall, so far as applicable and subject to any necessary modifications, have effect as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land.

• (6) Where the interest in land in respect of which any compensation falls to be assessed in accordance with sub-paragraph (5) above is subject to a mortgage—

• (a) the compensation shall be assessed as if the interest were not subject to the mortgage;

• (b) a claim for compensation may be made by any mortgagee of the interest, but without prejudice to the making of a claim by the person entitled to the interest;

• (c) no such compensation shall be payable in respect of the interest of the mortgagee (as distinct from the interest which is subject to the mortgage); and

• (d) any such compensation which is payable in respect of the interest which is subject to the mortgage shall be paid to the mortgagee, or, if there is more than one mortgagee, to the first mortgagee, and shall in either case be applied by him as if it were proceeds of sale.

• (7) Where, apart from this sub-paragraph, any person entitled to an interest in any land would be entitled under this paragraph to an amount of compensation in respect of any works, there shall be deducted from that amount an amount equal to the amount by which the carrying out of the works has enhanced the value of any other land which—

• (a) is contiguous or adjacent to that land; and

• (b) is land to an interest in which that person is entitled in the same capacity.

• (8) The Secretary of State may by regulations make provision requiring the Authority or any water undertaker or sewerage undertaker, where it is proposing or has begun to exercise any power conferred by virtue of paragraph 4 or 5 above in a prescribed case, to make advance payments on account of compensation that will become payable in respect of the exercise of that power.

• (9) In this paragraph “relevant land”, in relation to any exercise of a power conferred by virtue of paragraph 4 or 5 above, means the land where the power is exercised or land held with that land.

Works below high water mark

7

Nothing in the preceding provisions of this Schedule shall authorise the Authority or any water undertaker or sewerage undertaker to carry out any works at any place below the place to which the tide flows at mean high water springs, except in accordance with such plans and sections, and subject to such restrictions, as may, before the works are commenced, have been approved by the Secretary of State by notice served on the Authority or, as the case may be, that undertaker.

Discharges for works purposes

8

• (1) Subject to the following provisions of this paragraph and to paragraph 9 below, where the Authority or any water undertaker—

• (a) is exercising or about to exercise any power conferred by any of the preceding provisions of this Schedule; or

• (b) is carrying out, or is about to carry out, the construction, alteration, repair, cleaning, or examination of any reservoir, well, borehole, or other work belonging to or used by the Authority or that undertaker for the purposes of, or in connection with, the carrying out of any of its functions,

the Authority or, as the case may be, that undertaker may cause the water in any relevant pipe or in any such reservoir, well, borehole or other work to be discharged into any available watercourse.

• (2) It shall be the duty of the Authority and of every water undertaker—

• (a) to cause as little loss and damage as possible in the exercise of the powers conferred on it by this paragraph; and

• (b) to pay compensation for any loss caused or damage done in the exercise of those powers.

• (3) For the purposes of sub-paragraph (2) above any extra expenditure—

• (a) which it becomes reasonably necessary for any water undertaker, sewerage undertaker or public authority (other than the one making the discharge) to incur for the purpose of properly carrying out any statutory functions; and

• (b) which is attributable to any discharge of water under this paragraph,

shall be deemed to be a loss sustained by the undertaker or public authority and to have been caused in exercise of the powers conferred by this paragraph.

• (4) Any dispute as to whether compensation should be paid under sub-paragraph (2) above, or as to the amount of any such compensation, shall be referred to the arbitration of a single arbitrator appointed by agreement between the parties to the dispute or, in default of agreement, by the President of the Institution of Civil Engineers.

• (5) If the Authority or any water undertaker fails to take all necessary steps to secure that any water discharged by it under this paragraph is as free as may be reasonably practicable from—

• (a) mud and silt;

• (b) solid, polluting, offensive or injurious substances; and

• (c) any substances prejudicial to fish or spawn, or to spawning beds or food of fish,

the Authority or, as the case may be, the undertaker shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

• (6) Nothing in this paragraph shall authorise any discharge which—

• (a) damages or injuriously affects the works or property of any railway company or navigation authority; or

• (b) floods or damages any highway.

• (7) Sections 107 and 108 of this Act shall have effect as if this paragraph and paragraph 9 below were prescribed enactments for the purposes of subsection (1)(e) of the said section 108.

• (8) In this paragraph “railway company” has the same meaning as in paragraph 3 above.

Consents for certain discharges

9

• (1) Except in an emergency, no discharge through any pipe the diameter of which exceeds two hundred and twenty-nine millimetres shall be made under paragraph 8 above except—

• (a) in the case of a discharge by the Authority, with such consent as may be prescribed; and

• (b) in the case of a discharge by a water undertaker, with the consent of the Authority and of any navigation authority which carries out functions in relation to—

• (i) the part of the watercourse where the discharge is made; or

• (ii) any part of that watercourse which is less than three miles downstream from the place of the discharge.

• (2) For the purposes of this paragraph, the Authority and every water undertaker shall keep a register of persons and premises and shall enter the name and address of any person in that register in respect of any premises which abut on any watercourse if that person has requested to be so registered and is either—

• (a) the owner or occupier of those premises; or

• (b) an officer of an association of owners or occupiers of premises which abut on that watercourse and include those premises.

• (3) Where any person makes an application to any other person for a consent for the purposes of this paragraph—

• (a) that application shall be accompanied or supplemented by all such information as that other person may reasonably require; and

• (b) the applicant shall serve a copy of the application, and of any consent given on that application, on every person who—

• (i) is registered with the applicant in respect of any premises which are within three miles of the place where the discharge to which the application relates is proposed to be made and are not upstream from that place; and

• (ii) has not agreed in writing that he need not be served with such a copy.

• (4) An application for a consent for the purposes of this paragraph shall be determined—

• (a) in the case of an application with respect to a particular discharge, before the end of the period of seven days beginning with the day after the application is made; and

• (b) in any other case, before the end of the period of three months beginning with that day;

and where an application for any consent is required to be determined within the period specified in paragraph (a) above and is not so determined, the consent applied for shall be deemed to have been given unconditionally.

• (5) A consent for the purposes of this paragraph may relate to a particular discharge or to discharges of a particular description and may be made subject to such reasonable conditions as may be specified by the person giving it; but a consent for those purposes shall not be unreasonably withheld.

• (6) Any dispute as to whether a consent for the purposes of this paragraph should be given or withheld, or as to whether the conditions to which any such consent is made subject are reasonable, shall be referred to the arbitration of a single arbitrator appointed by agreement between the parties to the dispute or, in default of agreement, by the President of the Institution of Civil Engineers.

• (7) Where any discharge under paragraph 8 above is made in an emergency without the consent which, if there were no emergency, would be required by virtue of this paragraph, the Authority or, as the case may be, the undertaker which made the discharge shall, as soon as practicable after making the discharge, serve a notice which—

• (a) states that the discharge has been made; and

• (b) gives such particulars of the discharge and of the emergency as the persons served with the notice might reasonably require,

on every person on whom the Authority or that undertaker would have been required to serve the application for that consent or any copy of that application.

• (8) If the Authority or any water undertaker contravenes, without reasonable excuse, any of the requirements of this paragraph or any condition of a consent given for the purposes of this paragraph, the Authority or, as the case may be, the undertaker shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

Powers of entry

10

• (1) Any person designated in writing for the purpose by the Authority or by a water undertaker or sewerage undertaker may enter any premises for any of the purposes specified in sub-paragraph (2) below.

• (2) The purposes mentioned in sub-paragraph (1) above are—

• (a) the carrying out of any survey or tests for the purpose of determining—

• (i) whether it is appropriate and practicable for the Authority or, as the case may be, the undertaker to exercise any power conferred by this Schedule;

• (ii) how any such power should be exercised; or

• (b) the exercise of any such power.

• (3) The power by virtue of sub-paragraph (1) above of a person designated by the Authority, or by a water undertaker or sewerage undertaker, to enter any premises for the purposes of carrying out any survey or tests shall include power—

• (a) to carry out experimental borings or other works for the purpose of ascertaining the nature of the sub-soil; and

• (b) to take away and analyse such samples of water or effluent or of any land or articles as the Authority or, as the case may be, the undertaker considers necessary for the purpose of determining either of the matters mentioned in sub-paragraph (2)(a) above and has authorised that person to take away and analyse.

• (4) Without prejudice to any power exercisable by virtue of a warrant under section 178 of this Act, no person shall make an entry into any premises by virtue of this paragraph except—

• (a) in an emergency; or

• (b) at a reasonable time and after seven days' notice of the intended entry has been given to the occupier of the premises.

• (5) The reference in sub-paragraph (4) above to an emergency—

• (a) in relation to any entry to premises for the purposes of, or for purposes connected with, the exercise or proposed exercise of any power conferred by paragraph 2 above, includes a reference to any circumstances requiring the carrying out of emergency works within the meaning of the Public Utilities Street Works Act 1950; and

• (b) in relation to any other entry to premises, includes a reference to any danger to property and to any interruption of a supply of water provided to any premises by any person and to any interruption of the provision of sewerage services to any premises.

Exhaustive nature of powers

11

This Schedule shall be without prejudice to any powers conferred by virtue of Schedule 10 or 20 to this Act or otherwise by virtue of this Act or any agreement; but nothing in Part II of this Act by virtue of which a water undertaker or sewerage undertaker owes a duty to any particular person to lay any relevant pipe shall be construed—

• (a) as conferring any power on the undertaker in addition to those conferred by this Schedule; or

• (b) as requiring the undertaker to carry out any works which it has no power to carry out.

SCHEDULE 20

Applications for orders

1

• (1) Where the Authority or a water undertaker applies to the appropriate Minister for an order under section 155 of this Act, the Authority or, as the case may be, the undertaker shall—

• (a) submit to the appropriate Minister a draft of the order applied for;

• (b) publish a notice with respect to the application, at least once in each of two successive weeks, in one or more newspapers circulating in each relevant locality;

• (c) not later than the date on which that notice is first published—

• (i) serve a copy of the notice on each of the persons specified in relation to the application in sub-paragraph (3) below; and

• (ii) in the case of a draft order which would authorise the stopping-up or diversion of a footpath or bridleway, cause such a copy, together with a plan showing the general effect of the draft order so far as it relates to the footpath or bridleway, to be displayed in a prominent position at the ends of the part of the path or way to be stopped up or diverted;

and

• (d) publish a notice in the London Gazette which—

• (i) states that the draft order has been submitted to the appropriate Minister;

• (ii) names every local authority on whom a notice is required to be served under this paragraph;

• (iii) specifies a place where a copy of the draft order and of any relevant map or plan may be inspected; and

• (iv) gives the name of every newspaper in which the notice required by virtue of paragraph (b) above was published and the date of an issue containing the notice.

• (2) The notice required by virtue of sub-paragraph (1)(b) above to be published with respect to an application for an order shall—

• (a) state the general effect of the order applied for;

• (b) in the case of an application made wholly or partly for the purpose of enabling any discharges of water to be made—

• (i) contain particulars of the proposed discharges, stating the purposes of the discharges and specifying each place of discharge;

• (ii) specify the places at which the water to be comprised in the proposed discharges is to be taken and the treatment (if any) which the draft order proposes to require the water, or any of it, to receive before being discharged under the order;

• (iii) state the effect which, in the opinion of the applicant, the proposed discharges would have on the flow, level and quality of water in any inland water or underground strata;

• (c) specify a 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 twenty-eight days beginning with the date of the first publication of the notice; and

• (d) state that any person may, within that period, by notice to the appropriate Minister object to the making of the order.

• (3) The persons mentioned in sub-paragraph (1)(c) above in relation to an application for a draft order submitted to the appropriate Minister are—

• (a) every local authority whose area is or includes the whole or any part of a relevant locality and every water undertaker, not being the applicant, whose area is or includes the whole or any part of such a locality;

• (b) every navigation authority, harbour authority and conservancy authority which would be affected by, or has functions in relation to any inland water which would be affected by, any provision proposed to be made by the order;

• (c) in the case of an application by a water undertaker, the Authority;

• (d) every owner, lessee or occupier (except tenants for a month or for any period of less than a month) of any land in relation to which compulsory powers would become exercisable if the order were made in the terms of the draft order;

• (e) every person who has given notice to the Authority or, as the case may be, the water undertaker requiring it to notify him of applications for orders under section 155 of this Act and has paid such reasonable charge as the Authority or undertaker may have required him to pay for being notified by virtue of this paragraph;

• (f) such other persons as may be prescribed.

• (4) In this paragraph “relevant locality”, in relation to an application for an order a draft of which is submitted to the appropriate Minister, means—

• (a) any locality which would be affected by any provision proposed to be made by the order for the purpose of enabling any engineering or building operations to be carried out; and

• (b) where provision is proposed to be made by the order for the purpose of enabling discharges of water to be made, each locality in which the place of any of the proposed discharges is situated or in which there appears to the applicant to be any inland water or underground strata the flow, level or quality of water in which may be affected by any of the proposed discharges.

Supply of copies of draft orders

2

The applicant for an order under section 155 of this Act shall, at the request of any person and on payment by that person of such charge (if any) as the applicant may reasonably require, furnish that person with a copy of the draft order submitted to the appropriate Minister under paragraph 1 above and of any relevant map or plan.

Powers on an application

3

• (1) On an application for an order under section 155 of this Act, the appropriate Minister may make the order either in the terms of the draft order submitted to him or, subject to sub-paragraphs (2) and (3) below, in those terms as modified in such manner as he thinks fit, or may refuse to make an order.

• (2) The appropriate Minister shall not make such a modification of a draft order submitted to him as he considers is likely adversely to affect any persons unless he is satisfied that the applicant for the order has given and published such additional notices, in such manner, as the appropriate Minister may have required.

• (3) The appropriate Minister shall not, unless all interested parties consent, make an order under section 155 of this Act so as to confer in relation to any land any powers of compulsory acquisition which would not have been conferred in relation to that land if the order were made in the terms of the draft order submitted to him under paragraph 1 above.

• (4) Where, on an application for an order under section 155 of this Act, the appropriate Minister refuses to make an order, the applicant shall, as soon as practicable after the refusal, notify the refusal to every person on whom the applicant was, by virtue of paragraph 1(1)(c)(i) above, required to serve a copy of the notice with respect to the application.

• (5) The duty of a water undertaker under sub-paragraph (4) above shall be enforceable under section 20 of this Act by the Secretary of State.

Consideration of objections etc.

4

• (1) If where an application for an order under section 155 of this Act has been made notice of an objection to it is received by the appropriate Minister before the end of the relevant period from—

• (a) any person on whom a notice under paragraph 1 or 3 above is required to be served; or

• (b) from any other person appearing to the appropriate Minister to be affected by the order as submitted to him or as proposed to be modified under paragraph 3 above,

then, unless the objection is withdrawn, the appropriate Minister shall, before making the order, either cause a local inquiry to be held or afford to the objector and to the applicant for the order an opportunity of appearing before, and being heard by, a person appointed by the appropriate Minister for the purpose.

• (2) Where any objection received by the appropriate Minister as mentioned in sub-paragraph (1) above relates to any powers of compulsory acquisition, the appropriate Minister may require the objector to state in writing the grounds of his objection; and if the appropriate Minister is satisfied that the objection relates exclusively to matters that can be dealt with in the assessment of compensation, he may disregard the objection for the purposes of that sub-paragraph.

• (3) In this paragraph “the relevant period”, in relation to an application for any order, means the period ending with whichever is the later of—

• (a) the end of the period of twenty-eight days beginning with the date of the first publication of the notice published with respect to the application for the purposes of paragraph 1(1)(b) above; and

• (b) the end of the period of twenty-five days beginning with the date of the publication in the London Gazette of the notice published for the purposes of the application by virtue of paragraph 1(1)(d) above,

together, in the case of an application for an order modifications to which have been proposed by the appropriate Minister, with any further periods specified with respect to the modifications in notices under paragraph 3(2) above.

Notice after making of order

5

• (1) As soon as practicable after an order under section 155 of this Act has been made, the applicant for the order shall—

• (a) publish a notice of the making of the order, at least once in each of two successive weeks, in one or more newspapers circulating in each relevant locality; and

• (b) not later than the date on which that notice is first published—

• (i) serve a copy of the notice on every person on whom the applicant was, by virtue of paragraph 1(1)(c)(i) above, required to serve a copy of the notice with respect to the application for the order;

• (ii) in the case of an order authorising the stopping-up or diversion of a footpath or bridleway, cause such a copy, together with a plan showing the general effect of the order so far as it relates to the footpath or bridleway, to be displayed in a prominent position at the ends of the appropriate part of the path or way.

• (2) The notice required by virtue of sub-paragraph (1)(a) above to be published with respect to an order under section 155 of this Act shall—

• (a) state the general effect of the order;

• (b) in the case of an order made wholly or partly for the purpose of enabling any discharges of water to be made—

• (i) contain particulars of the discharges, stating the purposes of the discharges and specifying each place of discharge;

• (ii) specify the places at which the water to be comprised in the discharges is to be taken and the treatment (if any) which the order requires the water, or any of it, to receive before being discharged under the order;

• (iii) state the effect which, in the opinion of the applicant, the discharges would have on the flow, level and quality of water in any inland water or underground strata; and

• (c) specify a place where a copy of the order and of any relevant map or plan may be inspected by any person free of charge at all reasonable times.

• (3) Where an order under section 155 of this Act has been made, the applicant for the order shall, at the request of any person and on payment by that person of such charge (if any) as the applicant may reasonably require, furnish that person with a copy of the order and of any relevant map or plan.

• (4) The duties of a water undertaker under this paragraph shall be enforceable under section 20 of this Act by the Secretary of State.

• (5) In this paragraph “relevant locality”, in relation to an order made under section 155 of this Act, means—

• (a) any locality which is affected by any provision made by the order for the purpose of enabling any engineering or building operations to be carried out; and

• (b) where provision is made by the order for the purpose of enabling discharges of water to be made, each locality in which the place of any of the discharges is situated or in which there appears to the applicant to be any inland water or underground strata the flow, level or quality of water in which may be affected by any of the discharges.

Compulsory acquisition provisions

6

• (1) Without prejudice to the provisions of Schedule 21 to this Act—

• (a) Part I of the Compulsory Purchase Act 1965;

• (b) section 4 and Part III of, and Schedule 3 to, the Acquisition of Land Act 1981; and

• (c) the enactments for the time being in force with respect to compensation for the compulsory purchase of land,

shall apply in relation to so much of an order under section 155 of this Act as confers powers of compulsory acquisition as they apply in relation to a compulsory purchase order made by virtue of section 151 of this Act and, accordingly, shall so apply, where the case so requires, with the modifications made by Schedule 18 to this Act.

• (2) Subject to the provisions of sub-paragraph (6) below, if any person aggrieved by an order under section 155 of this Act containing powers of compulsory acquisition, or by a certificate given under the special land provisions in connection with such an order, desires—

• (a) to question the validity of the order, or of any provision of the order, on the grounds that any powers of compulsory acquisition conferred by the order are not authorised by this Act to be so conferred, or that any of the relevant requirements have not been complied with in relation to the order; or

• (b) to question the validity of the certificate on the grounds that any of the relevant requirements have not been complied with in relation to the certificate,

he may make an application for the purpose to the High Court at any time before the end of the period of six weeks beginning with the date on which notice of the making of the order is first published in accordance with paragraph 5 above or, as the case may be, notice of the giving of the certificate is first published in accordance with the special land provisions.

• (3) On any application under sub-paragraph (2) above with respect to any order or certificate, the High Court—

• (a) may by interim order suspend the operation of the order, or any provision of the order, or of the certificate (either generally or in so far as it affects any property of the applicant to the High Court) until the final determination of the proceedings; and

• (b) if satisfied—

• (i) that any powers of compulsory acquisition conferred by the order are not authorised by this Act to be so conferred; or

• (ii) that the interests of that applicant have been substantially prejudiced by a failure to comply with any of the relevant requirements in relation to the order or the certificate,

may quash the order, or any provision of the order, or the certificate (either generally or in so far as it affects any property of that applicant).

• (4) Except as provided by sub-paragraph (2) above, the validity of any such order or certificate as is mentioned in that sub-paragraph shall not, either before or after the order or certificate has been made or given, be questioned in any legal proceedings whatsoever.

• (5) Subject to any order of the High Court under sub-paragraph (3) above, any such order or certificate as is mentioned in sub-paragraph (2) above shall become operative (except, in the case of an order, where it is subject by virtue of the special land provisions to special parliamentary procedure) on the date on which notice of the making or giving of the order or certificate is published as mentioned in the said sub-paragraph (2).

• (6) Where an order such as is mentioned in sub-paragraph (2) above is subject to special parliamentary procedure, sub-paragraphs (2) to (4) of this paragraph—

• (a) shall not apply to the order if it is confirmed by Act of Parliament under section 6 of the Statutory Orders (Special Procedure) Act 1945; and

• (b) in any other case, shall have effect as if the reference in sub-paragraph (2) of this paragraph to the date on which notice of the making of the order is first published in accordance with paragraph 5 above were a reference to the date on which the order becomes operative under the said Act of 1945.

• (7) In this paragraph—

• “the special land provisions” means the provisions, as applied by virtue of sub-paragraph (1) above, of Part III of the Acquisition of Land Act 1981 or, as the case may require, of Part II of Schedule 3 to that Act; and

• “the relevant requirements”, in relation to an order or certificate, means the requirements of this Schedule and such requirements of the special land provisions or of any other enactment as are applicable to that order or certificate by virtue of this paragraph.

Compensation in certain cases of compulsory acquisition

7

Where—

• (a) in connection with any engineering or building operations to which an order under section 155 of this Act relates, a licence under the Water Resources Act 1963 is granted, or is deemed to be granted, to the Authority or, as the case may be, to the water undertaker in question; and

• (b) that licence is a licence to abstract water or to obstruct or impede the flow of an inland water,

no compensation shall be payable by virtue of sub-paragraph (1) of paragraph 6 above in respect of any land or interest injuriously affected by the carrying out of those operations, in so far as that land or interest is injuriously affected by the abstraction of water, or the obstruction or impeding of the flow, in accordance with the provisions of the licence.

Compensation in respect of powers other than acquisition powers

8

• (1) If the value of any interest in any relevant land is depreciated by the coming into force of so much of any order under section 155 of this Act as—

• (a) confers compulsory powers, other than powers of compulsory acquisition, for the purpose of enabling any engineering or building operations to be carried out; and

• (b) grants authority for the carrying out of the operations,

the person entitled to that interest shall be entitled to compensation from the applicant for the order of an amount equal to the amount of the depreciation.

• (2) Where the person entitled to an interest in any relevant land sustains loss or damage which—

• (a) is attributable to so much of any order under section 155 of this Act as—

• (i) confers compulsory powers, other than powers of compulsory acquisition, for the purpose of enabling any engineering or building operations to be carried out; and

• (ii) grants authority for the carrying out of the operations;

• (b) does not consist in depreciation of the value of that interest; and

• (c) is loss or damage for which he would have been entitled to compensation by way of compensation for disturbance, if his interest in that land had been compulsorily acquired under section 151 of this Act in pursuance of a notice to treat served on the date on which the order comes into force,

he shall be entitled to compensation from the applicant for the order in respect of that loss or damage, in addition to compensation under sub-paragraph (1) above.

• (3) Where any damage to, or injurious affection of, any land which is not relevant land is attributable to so much of any order under section 155 of this Act as—

• (a) confers compulsory powers, other than powers of compulsory acquisition, for the purpose of enabling any engineering or building operations to be carried out; and

• (b) grants authority for the carrying out of the operations,

the applicant for the order shall pay compensation in respect of that damage or injurious affection to every person entitled to an interest in that land.

• (4) A person who sustains any loss or damage which is attributable to any discharge of water made by the Authority or a water undertaker in pursuance of an order under section 155 of this Act shall be entitled to recover compensation from the Authority or undertaker in respect of the loss or damage.

• (5) For the purposes of sub-paragraph (4) above any extra expenditure—

• (a) which it becomes reasonably necessary for any water undertaker or public authority (other than the one making the discharge) to incur for the purpose of properly carrying out any statutory functions; and

• (b) which is attributable to any such discharge of water as is mentioned in that sub-paragraph,

shall be deemed to be a loss sustained by the undertaker or public authority and to be so attributable.

• (6) Any question of disputed compensation under this paragraph, shall be referred to and determined by the Lands Tribunal; and in relation to the determination of any such compensation the provisions of sections 2 and 4 of the Land Compensation Act 1961 shall apply, subject to any necessary modifications.

• (7) For the purpose of assessing any compensation under this paragraph, so far as that compensation is in respect of loss or damage consisting in depreciation of the value of an interest in land, the rules set out in section 5 of the Land Compensation Act 1961 shall, so far as applicable and subject to any necessary modifications, have effect as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land.

• (8) Where the interest in land in respect of which any compensation falls to be assessed in accordance with sub-paragraph (7) above is subject to a mortgage—

• (a) the compensation shall be assessed as if the interest were not subject to the mortgage;

• (b) a claim for compensation may be made by any mortgagee of the interest, but without prejudice to the making of a claim by the person entitled to the interest;

• (c) no such compensation shall be payable in respect of the interest of the mortgagee (as distinct from the interest which is subject to the mortgage); and

• (d) any such compensation which is payable in respect of the interest which is subject to the mortgage shall be paid to the mortgagee, or, if there is more than one mortgagee, to the first mortgagee, and shall in either case be applied by him as if it were proceeds of sale.

• (9) In this paragraph “relevant land”, in relation to an order under section 155 of this Act, means any land which is not land in relation to which powers of compulsory acquisition are conferred by the order but is—

• (a) land where any operations for which authority is granted by the order are to be carried out; or

• (b) land in relation to which compulsory powers are conferred by the order; or

• (c) land held with any land falling within paragraph (a) or (b) above.

Protection of public undertakings

9

Section 160 of this Act shall apply, as it applies in relation to the carrying out of works in exercise of a power conferred by this Act, in relation to the carrying out of works by virtue of an authority granted by so much of any order under section 155 of this Act as makes provision other than provision conferring powers of compulsory acquisition.

Interpretation

10

In this Schedule—

• “bridleway” and “footpath” have the same meanings as in the Highways Act 1980;

• “powers of compulsory acquisition” means any such powers as are mentioned in subsection (4)(a) of section 155 of this Act;

and references to a tenant for a month or for any period of less than a month include references to a statutory tenant, within the meaning of the Landlord and Tenant Act 1985, and to a licensee under an assured agricultural occupancy, within the meaning of Part I of the Housing Act 1988.

SCHEDULE 21

Acquisition of mineral rights

1

• (1) This paragraph applies in each of the following cases, that is to say—

• (a) where a relevant body acquires any land (whether compulsorily in exercise of any power conferred by or under this Act or otherwise); and

• (b) where a relevant body carries out any works in relation to any land for the purposes of, or in connection with, the carrying out of any of its functions.

• (2) Subject to sub-paragraph (3) below, a relevant body shall not, by virtue only of its acquisition of the land or the carrying out of the works, become entitled to any mines or minerals lying under the land; and, accordingly, any such mines or minerals shall be deemed to be excepted from any instrument by virtue of which the land vests in the relevant body unless express provision to the contrary is contained—

• (a) where the land vests in the relevant body by virtue of a conveyance, in the conveyance; or

• (b) where the land is acquired by the relevant body in pursuance of any power of compulsory acquisition conferred by or under this Act, in the order authorising the acquisition.

• (3) A relevant body shall be entitled to such parts of any mines or minerals that lie under the land as it may be necessary for it to dig, carry away or use in carrying out any works for the purposes of constructing, making, erecting or laying any part of its undertaking.

Notice required for the working of underlying mines

2

• (1) If the owner of any mines or minerals underlying any part of a relevant body’s undertaking proposes to work them, he shall, not less than thirty days before the commencement of working, serve notice of his intention to do so on the relevant body.

• (2) On receipt of a notice under sub-paragraph (1) above the relevant body may cause the mines or minerals to be inspected by a person designated by it for the purpose.

• (3) Subject to sub-paragraph (5) and paragraph 3 below, if, where notice has been served under this paragraph, the relevant body—

• (a) considers that the working of the underlying mines or minerals is likely to damage any part of that body’s undertaking;

• (b) is willing to compensate the owner of the mines or minerals for the restriction imposed by virtue of this sub-paragraph; and

• (c) serves notice to that effect on the owner of the mines or minerals before the end of the period of thirty days mentioned in sub-paragraph (1) above,

the owner shall not work the mines or minerals except to such extent as may be determined by the relevant body, and the relevant body shall so compensate the owner.

• (4) Any dispute as to the amount of any compensation payable by virtue of sub-paragraph (3) above shall be referred to and determined by the Lands Tribunal.

• (5) If before the end of the period of thirty days mentioned in sub-paragraph (1) above, no notice has been served under sub-paragraph (3)(c) above by the relevant body, the entitlement of the owner of the mines and minerals to work them shall be an entitlement to work them by proper methods and in the usual manner of working such mines or minerals in the district in question.

• (6) If any damage to the undertaking of a relevant body is caused by the working otherwise than as authorised by this paragraph of any mines or minerals underlying any part of that body’s undertaking—

• (a) the owner of the mines or minerals shall, at his own expense, forthwith repair the damage; and

• (b) the relevant body may, without waiting for the owner to perform his duty, repair the damage and may recover the expenses reasonably incurred by it in doing so from the owner.

Mining communications

3

• (1) If the working of any mines or minerals is prevented by reason of any of the preceding provisions of this Schedule, the owner of the mines or minerals may cut and make such communication works through the mines or minerals, or the strata in which they are situated, as are required for the ventilation, drainage and working of mines or minerals which are not underlying any part of the undertaking of the relevant body in question.

• (2) Communication works cut or made under this paragraph—

• (a) shall not, in a case where—

• (i) the part of the undertaking in question was constructed, made, erected or laid in pursuance of an order made under any enactment or is situated on land acquired by the relevant body in pursuance of any powers of compulsory acquisition; and

• (ii) the order authorising the works or acquisition designates dimensions or sections for the communication works,

exceed those dimensions or fail to conform to those sections; and

• (b) in any other case, shall not be more than 2.44 metres high or more than 2.44 metres wide.

• (3) Communication works cut or made under this paragraph shall not be cut or made on the land where the part of the undertaking is situated so as to cause damage to that part of the undertaking.

• (4) Where works carried out under this paragraph by the owner of any mines or minerals cause loss or damage to the owner or occupier of land lying over the mines or minerals, the relevant body shall pay full compensation to him for the loss or damage.

• (5) Sub-paragraph (4) above shall not apply where the person sustaining the loss or damage is the owner of the mines.

• (6) In this paragraph “communication works” means airways, headways, gateways or water levels.

Compensation relating to severance

4

• (1) Where mines or minerals underlying any part of a relevant body’s undertaking are situated so as, on two or more sides of that land, to extend beyond the land on which that part of the undertaking is situated, the relevant body shall from time to time pay to the owner of the mines or minerals (in addition to any compensation under paragraph 2 above) any expenses and losses incurred by him in consequence of—

• (a) the severance by the undertaking of the land lying over the mines;

• (b) the interruption of continuous working of the mines in consequence of paragraph 2(3) above;

• (c) the mines being so worked in accordance with restrictions imposed by virtue of this Act or any order made under this Act,

and shall pay for any minerals not purchased by the relevant body which cannot be got or won by reason of the part of the undertaking in question being situated where it is or by reason of the requirement to avoid damage to any part of the relevant body’s undertaking.

• (2) Any dispute as to whether any sum should be paid under this paragraph or as to the amount payable shall be referred to the arbitration of a single arbitrator appointed by agreement between the relevant body and the owner of the mines or minerals or, in default of agreement, by the Secretary of State.

Powers of entry

5

• (1) Any person designated in writing for the purpose by a relevant body may, for any purpose specified in sub-paragraph (2) below—

• (a) enter on any land in which the mines or minerals are, or are thought to be, being worked, and which is in or near to the land where any part of that body’s undertaking is situated; and

• (b) enter the mines and any works connected with the mines.

• (2) The purposes mentioned in sub-paragraph (1) above are—

• (a) carrying out any inspection under paragraph 2(2) above;

• (b) ascertaining whether any mines or minerals have been worked so as to damage the undertaking of the relevant body in question; and

• (c) carrying out any works and taking any other steps which the relevant body in question is authorised to carry out under paragraph 2(6) above.

• (3) A person authorised to enter any premises under this paragraph may—

• (a) make use of any equipment belonging to the owner of the mines or minerals in question; and

• (b) use all necessary means for discovering the distance from any part of the undertaking of the relevant body to the parts of the mines or the minerals which are, or are about to be, worked.

• (4) Without prejudice to any power exercisable by virtue of a warrant under section 178 of this Act, no person shall make an entry into any premises by virtue of this section except—

• (a) in an emergency; or

• (b) at a reasonable time and after seven days' notice of the intended entry has been given to the occupier of the premises.

No exemption for injury to mines and minerals

6

Nothing in any provision of this Act or of any order made under this Act shall be construed as exempting a relevant body from any liability to which it would, apart from that provision, have been subject in respect of any damage to any mines or minerals underlying any part of its undertaking or in respect of any loss sustained in relation to any such mines or minerals by a person having an interest therein.

Interpretation

7

• (1) In this Schedule—

• “conveyance” has the same meaning as in the Law of Property Act 1925;

• “designated distance”, in relation to any part of a relevant body’s undertaking, means, where— that part of the undertaking was constructed, made, erected or laid in pursuance of an order made under any enactment or is situated on land acquired by the relevant body in pursuance of any powers of compulsory acquisition; and the order authorising the works or acquisition designates the distance for the purposes of any enactment relating to mines or minerals underlying that part of the undertaking, that distance, and, in any other case, thirty-seven metres;

• “mines” means mines of coal, ironstone, slate or other minerals;

• “owner”, in relation to mines and minerals, includes a lessee or occupier;

• “relevant body” means the Authority or any water undertaker or sewerage undertaker; and

• “underlying”, in relation to any part of the undertaking of a relevant body, means lying under, or within the designated distance from, that part of that undertaking.

• (2) For the purposes of this Schedule the undertaking of a relevant body shall be taken to consist of so much of any of the following as is for the time being vested in or held by that body for the purposes of, or in connection with, the carrying out of any of its functions, that is to say—

• (a) any buildings, reservoirs, wells, boreholes or other structures; and

• (b) any pipes or other underground works particulars of which fall or would fall to be incorporated in any records kept under section 165 or 166 of this Act.

• (3) References in this Schedule to the working of any mines or minerals include references to the draining of mines and to the winning or getting of minerals.

• (4) For the purposes of this Schedule land shall be treated as acquired by a relevant body in pursuance of powers of compulsory acquisition if it—

• (a) was so acquired by a water authority or any predecessor of a water authority or by a predecessor of a statutory water company; and

• (b) is now vested in that body in accordance with a scheme under Schedule 2 or 5 to this Act or otherwise.

• (5) In relation—

• (a) to any land treated by virtue of sub-paragraph (4) above as acquired in pursuance of powers of compulsory acquisition; or

• (b) to any land acquired by a statutory water company before the transfer date in pursuance of any such powers,

references in this Schedule to the order authorising the acquisition include references to any local statutory provision which immediately before the transfer date has effect in relation to that land for the purposes of any provisions corresponding to the provisions of this Schedule.

SCHEDULE 22

1

In the Water (Scotland) Act 1980, after section 76, there shall be inserted the following Part—