The Water (Compulsory Works Powers) (Notice) Regulations 1991

Made: 13th June 1991

Laid before Parliament: 26th June 1991

Coming into force: 17th July 1991

The Secretary of State for the Environment and the Secretary of State for Wales, acting jointly in relation to water undertakers, and acting jointly with the Minister of Agriculture, Fisheries and Food in relation to the National Rivers Authority, in exercise of the powers conferred on them by section 185(2)(d) of, and paragraph 1(3)(f) of Schedule 20 to, the Water Act 1989[^f00001], and of all other powers enabling them in that behalf, make the following Regulations:

Citation and commencement

1

These Regulations may be cited as the Water (Compulsory Works Powers) (Notice) Regulations 1991 and shall come into force on 17th July 1991.

Notice to be given to prescribed persons

2

Where an order is applied for under section 155 of the Water Act 1989 which would authorise the stopping-up or diversion of a footpath or bridleway, a copy of the notice of the application shall be served on–

• (a) the persons specified in Part I of the Schedule hereto;

• (b) where the footpath or bridleway in question is situated in an area mentioned in Part II thereof, the persons specified in relation to that area;

in addition to the persons specified in paragraph 1(3)(a) to (e) of Schedule 20 to that Act.

SCHEDULE — ADDITIONAL PERSONS TO BE SERVED WITH NOTICE RELATING TO COMPULSORY WORKS POWERS

PART I

• The Auto-Cycle Union

• The British Horse Society

• The Byways and Bridleways Trust

• The Commons, Open Spaces and Footpaths Preservation Society

• The Ramblers' Association

PART II

Signed

Michael Heseltine — Secretary of State for the Environment — 10th June 1991

David Hunt — Secretary of State for Wales — 11th June 1991

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 13th June 1991.

John Gummer — Minister of Agriculture, Fisheries and Food

Explanatory note

(This note is not part of the Regulations)

Paragraph 1(1)(c) of Schedule 20 to the Water Act 1989 requires the National Rivers Authority and water undertakers to serve notice on certain persons when they apply for an order under section 155 of the Act conferring compulsory works powers.

These Regulations name certain additional bodies on whom notice must be served where the application relates to an order which authorises the stopping-up or diversion of a footpath or bridleway.

Footnotes

[^f00001]: 1989 c. 15; see the definition of appropriate Minister in section 155(7), the definition of in section 189(1), and section 189(9) as to the joint exercise of functions exercisable concurrently. 1020]