The Bridgwater Tidal Barrier Order 2022

• (a) alternative apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus except where this has been solely due to using the nearest currently available type, or

• (b) apparatus or alternative apparatus is placed at a depth greater than the depth at which the apparatus was situated

and the placing of that apparatus is not agreed by the Agency or, in default of agreement, is not determined by arbitration in accordance with article 68 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this paragraph would be payable to the specified undertaker in question by virtue of sub-paragraph (1), is to be reduced by the amount of that excess.

• (4) For the purposes of sub-paragraph (3)—

• (a) an extension of apparatus to a length greater than the length of existing apparatus must not be treated as placing of apparatus of greater dimensions than those of the existing apparatus, except in a case where the apparatus as so extended serves a purpose (either additional to or instead of that served by the existing apparatus) which was not served by the existing apparatus; and

• (b) where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole must be treated as if it also had been agreed or so determined.

• (5) An amount which apart from this sub-paragraph would be payable to a specified undertaker in respect of works by virtue of sub-paragraph (1) must, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the specified undertaker any financial benefit by deferment of the time for renewal of the apparatus in the normal course, be reduced by the amount which represents that benefit as calculated in accordance with the Code of Practice entitled “Measures Necessary where Apparatus is Affected by Major Works (Diversionary Works)”, approved by the Secretary of State on 30th June 1992 and as revised and re-issued from time to time.

• (6) In any case where work is carried out by the Agency under paragraphs 5(6) to (8) and, if such work had been carried out by the specified undertaker, the repayment made to the specified undertaker under sub-paragraph (1) would fall to be reduced under sub-paragraphs (3) to (5), the specified undertaker must pay to the Agency such sum as represents the amount of that reduction.

Indemnity

10

• (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction, maintenance or failure of any of the authorised works, any damage is caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of a specified undertaker, or there is any interruption in any service provided, or in the supply of any goods, by any specified undertaker, the Agency must bear and pay the cost reasonably incurred by that specified undertaker in making good such damage or restoring the supply, and must—

• (a) make reasonable compensation to that specified undertaker for any other expenses, loss, damages, penalty or costs incurred by the specified undertaker; and

• (b) indemnify the specified undertaker against all claims, demands, proceedings, costs, damages and expenses which may be made or taken against or recovered from, or incurred by, the specified undertaker,

by reason or in consequence of any such damage or interruption; and the fact that any act or thing may have been done by the specified undertaker on behalf of the Agency or in accordance with plans approved by the specified undertaker or in accordance with any requirement of the specified undertaker or under its supervision does not, subject to sub-paragraph (2), excuse the Agency from any liability under the provisions of this paragraph.

• (2) Nothing in sub-paragraph (1) imposes any liability on the Agency with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of a specified undertaker, its officers, servants, contractors or agents.

• (3) A specified undertaker must give the Agency reasonable notice of any such claim or demand and no settlement or compromise is to be made without the consent of the Agency, which, if it withholds such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

Access

11

If in consequence of the exercise of the powers conferred by this Order the access to any apparatus is materially obstructed the Agency must provide such alternative means of access to that apparatus as will enable the specified undertaker to maintain or use the apparatus no less effectively than was possible before the obstruction.

Cooperation

12

Where in consequence of the proposed construction of any of the authorised works, the Agency or the specified undertaker requires the removal of apparatus under paragraph 6(1) or the specified undertaker makes requirements for the protection or alteration of apparatus under paragraph 8(2), the Agency must use its best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised works and the specified undertaker must use all reasonable endeavours to co-operate with the Agency for that purpose.

Exercise of safeguarding and survey powers

13

• (1) The Agency must, so far as is reasonably practicable, exercise the powers conferred by article 21 (protective works) so as not to obstruct or render less convenient the access to any apparatus.

• (2) The Agency must not, in the exercise of the powers conferred by section 11(3) of the 1965 Act (powers of entry), as applied by this Order, or by article 23 (power to survey and investigate land, etc.), make any trial holes which interfere with any apparatus without the consent of the specified undertaker (which must not be unreasonably delayed or withheld).

Arbitration

14

• (1) Any difference arising between the Agency and a specified undertaker under this Schedule (other than a difference as to its meaning or construction) must be determined by arbitration in the manner provided by article 68 (arbitration).

• (2) In determining any difference under this Schedule the arbitrator may, if the arbitrator thinks fit, require the Agency to execute any temporary or other works so as to avoid, so far as may be reasonably possible, interference with the use of any apparatus.

SCHEDULE 10 — PROTECTION OF PORT OF BRIDGWATER

1

This Schedule has effect unless otherwise agreed in writing between the Agency and the Harbour Authority.

2

In this Schedule—

• “accumulation” means any accumulation of silt or other material which constitutes an impediment to navigation;

• “construction” includes execution and placing, maintenance, extension, enlargement, alteration, replacement, relaying, and removal, and “construct” and “constructed” are to be construed accordingly;

• “erosion” means any erosion of the bed or banks of the river or any jetty or other structure of whatever nature owned or occupied by the Harbour Authority;

• “harbour property” means any land or works owned or administered by the Harbour Authority as part of its harbour undertaking at the Port of Bridgwater;

• “plans” includes sections, descriptions, drawings, specifications and method statements;

• “specified work” means so much of any permanent or temporary work authorised by this Order (which includes any removal of gravel or other material, any dredging or similar work and any geotechnical investigations that may be undertaken) as is on, in, under or over— the surface of land below the level of mean high water springs forming part of the river; any other harbour property.

3

• (1) Before beginning any operations for the construction of any specified work (except minor works of maintenance or repair), the Agency must submit to the Harbour Authority plans of the work and such further particulars available to it as the Harbour Authority may within 14 days of the submission of the plans reasonably require.

• (2) Any specified work must not be constructed except in accordance with such plans as may be approved in writing by the Harbour Authority or determined to be in accordance with article 68 (arbitration).

• (3) Any approval of the Harbour Authority required under this paragraph must not be unreasonably withheld and—

• (a) is deemed to be given if it is neither given or refused (with an indication of the grounds for refusal) within 28 days of the later of the submission of the plans or the submission of any further particulars under sub-paragraph (1), and

• (b) may be given subject to such reasonable requirements as the Harbour Authority may make for the protection of—

• (i) navigation in, or the flow or regime of, the river; or

• (ii) the use of its land other than such parts as are required for the specified works for the purposes of performing its statutory functions.

4

The Agency must give to the Harbour Authority—

• (a) not less than 14 days’ written notice of its intention to commence the construction of a specified work (except minor works of maintenance or repair), and

• (b) not more than 14 days after completion written notice of the completion of such construction.

5

The Agency must carry out all operations for the construction of any specified works with all reasonable dispatch to the reasonable satisfaction of the Harbour Authority so that navigation in, or the flow or regime of, the river and the exercise of the Harbour Authority’s statutory functions do not suffer more interference than is reasonably practicable and the Harbour Authority will be entitled by its officer at all reasonable times, on giving such notice as may be reasonable in the circumstances, to inspect and survey such operations.

6

• (1) After the purpose of any temporary works has been accomplished the Agency must with all reasonable dispatch, or after a reasonable period of notice in writing from the Harbour Authority requiring the Agency so to do, remove any such temporary works or any related materials which may have been placed below the level of high water by or on behalf of the Agency.

• (2) Where the Agency fails to remove such works or materials within a reasonable period after receiving a notice described in sub-paragraph (1), the Harbour Authority may remove the same and may recover the reasonable costs of so doing from the Agency.

7

• (1) If—

• (a) during the construction of a tidal work or within 10 years after the completion of that work and wholly or partly in consequence of its construction, or

• (b) during the exercise of the powers conferred by article 6 (works and dredging etc. in the river) or within 10 years after and wholly or partly in consequence of the exercise of those powers,

there is caused or created an accumulation or erosion which results or is likely to result in interference with navigation or damage to harbour property, the Agency must, if so requested by the Harbour Authority acting reasonably and having regard in particular to its and the Agency’s statutory functions, remedy such accumulation or erosion to the extent attributable to such construction or exercise of powers in the manner specified in sub-paragraph (3) and, if it refuses or fails to do so, the Harbour Authority may itself cause the work to be done and may recover the reasonable cost of doing so from the Agency.

• (2) If any such accumulation or erosion is remedied in accordance with sub-paragraph (1), any recurrence of such accumulation or erosion must, from time to time, if reasonably so required to do by the Harbour Authority after notice in writing to it from the Agency and having regard in particular to its and the Agency’s statutory functions, be so remedied by the Agency, save that the Agency’s obligation under this paragraph will cease if, following the remedying of any accumulation or erosion, a period of 10 years elapses without any further accumulation or erosion being caused or created in consequence of such construction or exercise.

• (3) For the purposes of sub-paragraph (1) and (2) above—

• (a) in the case of an accumulation, the remedy must be its removal;

• (b) in the case of erosion, the remedy must be the carrying out of such reconstruction works and other protective works or measures as may be necessary.

• (4) In the event that any surveys, inspection, tests or sampling establish that such accumulation or erosion may have been caused in any event by factors other than the construction of a tidal work or the exercise of the powers conferred by article 6 (works and dredging etc. in the river), the Agency is liable to remedy such accumulation or erosion only to the extent that the same is attributable to such construction or exercise.

• (5) For the purposes of sub-paragraph (1) the date of completion of a work is the date on which it is brought into use.

8

The Agency must pay to the Harbour Authority the reasonable costs of such alterations to the marking and lighting of the navigational channel of the river as may be necessary during or within five years of the completion of and in consequence of the construction of a tidal work and afford to the Harbour Authority such facilities as it may reasonably require for the placing and maintenance on any tidal work of signals, tide-boards, tide-gauges or other apparatus for the safety or benefit of navigation.

9

Without affecting the other provisions of this Schedule, the Agency must reimburse the Harbour Authority for all costs which may reasonably be incurred by or occasioned to the Harbour Authority by reason of or arising from or in connection with—

• (a) the carrying out of surveys, inspections, tests and sampling within and of the river (including the bed and banks of the river) where the Harbour Authority has reasonable cause to believe that the construction of any of the tidal works or the exercise of the powers conferred by article 6 (works and dredging etc. in the river) is causing or has caused any such accumulation or erosion;

• (b) the surveillance, co-ordination and regulation of traffic within the Port of Bridgwater which becomes reasonably necessary by reason of the exercise or the prospective exercise by the Agency of its powers to close the river or any part of the river to navigation under article 17 (temporary closing of river in connection with works).

10

• (1) The Agency must indemnify the Harbour Authority from all claims, demands, proceedings or damages, which may be made or given against, or recovered from the Harbour Authority and any costs or expense reasonably incurred by the Harbour Authority by reason of any damage to the bed or banks of the river or other harbour property which is caused by the construction, maintenance or failure of any specified work or any act or omission of the Agency, its contractors, agents or employees whilst engaged upon the work.

• (2) The Harbour Authority must give to the Agency reasonable notice of any such claim or demand and no settlement or compromise of any such claim or demand must be made without the consent of the Agency, which, if it notifies the Harbour Authority that it desires to do so, may have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

11

• (1) Nothing in paragraph 10 imposes any liability on the Agency with respect to any damage to the extent that it is attributable to any prior defect, want of maintenance or want of repair to the beds or banks of the river or other harbour property or to the act, neglect or default of the Harbour Authority, its officers, servants, contractors or agents.

• (2) The fact that any work or thing has been executed or done in accordance with a plan approved or deemed to be approved by the Harbour Authority, or to its satisfaction, or in accordance with a determination under article 68 (arbitration), does not (in the absence of negligence on the part of the Harbour Authority, its officers, servants, contractors or agents) relieve the Agency from any liability under the provisions of this Schedule.

12

Save to the extent expressly provided for nothing in this Order affects prejudicially any statutory or other rights, powers or privileges vested in, or enjoyed by, the Harbour Authority at the commencement of this Order.

SCHEDULE 11 — TEMPORARY TRAFFIC REGULATION

(1) Road	(2) Extent	(3) Notes
Straight Drove	From its junction with Middle Drove to its junction with Chinehorn Drove	To facilitate the construction of Work Nos. 2F, 2G and 2H.

SCHEDULE 12 — OF LOCAL LEGISLATION

PART 1 — LOCAL ENACTMENTS

Year	Chapter	Title	Section
1801	c. xxii	Somerset Drainage Act	11 and 49
1811	c. lx	Bristol and Taunton Canal Navigation Act	1, 71 and 72
1825	c. cxcix	English and Bristol Channels Ship Canal Act	2
1832	c. xliii	Bridgwater and Taunton Canal Navigation Act	15 and 16
1836	c. xxxvi	Bristol and Exeter Railway Act	8
1836	c. ci	Parrett Navigation and Canal Act	25
1837	c. xi	Bridgwater and Taunton Canal Navigation Act	1, 13 and 36
1845	c. lxxxix	Bridgwater Navigation and Quays Act	21
1860	c. cxci	Burnham [Somerset] Tidal Harbour Act	53
1865	c. clxxxv	Burnham [Somerset] Tidal Harbour Act	21 and 22
1877	c. xxxvi	Somersetshire Drainage Act	32, 36 and 69

PART 2 — BYELAWS

(1) Title	(2) Byelaw to be disapplied
Sedgemoor District Council Byelaws for Good Rule and Government	11
Administrative County of Somerset, Byelaws for Good Rule and Government 1935	Part 1 byelaws 9, 11 and 13, Part 2 byelaw 3
Administrative County of Somerset, Additional Byelaws for Good Rule and Government 1939	4
Administrative County of Somerset, Additional Byelaws for Good Rule and Government 1944	3

Signed

Signed by authority of the Secretary of State

David Cooper — Deputy Director, Flood and Coastal Erosion Risk Management — Department for Environment, Food and Rural Affairs — 4th March 2022

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order authorises the Environment Agency (“the Agency”) to construct and operate a new tidal barrier with twin vertical lift gates across the river Parrett in Bridgwater, Somerset, together with a new building to enable operation of the new barrier, reinforcement of existing and construction of new flood defence embankments at Chilton Trinity, Pawlett and Combwich and to execute ancillary works.

The purpose of this Order is to improve the current standard of protection from tidal flooding within Bridgwater and the surrounding area. The Order confers the necessary powers on the Agency to acquire, compulsorily or by agreement, land and rights in land and to use land for the purposes of the works and confers other powers in connection with the construction, operation and maintenance of the works.

A copy of the Order plans and the book of reference referred to in this Order and certified in accordance with article 67 (certification of plans, etc.) may be inspected free of charge during normal working hours at the offices of the Environment Agency at Rivers House, East Quay, Bridgwater, Somerset TA6 4YS.

Footnotes

[^f00001]: S.I. 2006/1466.

[^f00002]: 1992 c. 42. Section 5 was amended by S.I. 2012/1659.

[^f00003]: 1964 c. 40.

[^f00004]: S.I. 1992/3230, amended by S.I. 1997/2906.

[^f00005]: 1961 c. 33.

[^f00006]: 1965 c. 56.

[^f00007]: 1980 c. 66.

[^f00008]: 1990 c. 8.

[^f00009]: 1991 c. 22.

[^f00010]: 2000 c. 22.

[^f00011]: 1981 c. 67. Section 7(1) was amended by paragraph 9 of Schedule 15 to the Planning and Compensation Act 1992 (c. 34).

[^f00012]: 1845 c. lxxxix.

[^f00013]: 1991 c. 56.

[^f00014]: 1968 c. 59.

[^f00015]: Section 64 was amended by Schedule 17 to the Local Government Act 1985 (c. 51) and Schedule 9 to the 1991 Act.

[^f00016]: Section 184 was amended by sections 35 and 46 of the Criminal Justice Act 1982 (c. 48), by section 4 of, and paragraph 45(11) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11) and by Part 1 of Schedule 8 to the 1991 Act.

[^f00017]: Section 56 was amended by sections 40 and 43 of, and Schedule 1 to, the Traffic Management Act 2004 (c. 18).

[^f00018]: Section 56A was inserted by section 44 of the Traffic Management Act 2004.

[^f00019]: Section 58 was amended by sections 40 and 51 of, and Schedule 1 to, the Traffic Management Act 2004.

[^f00020]: Schedule 3A was inserted by Schedule 4 to the Traffic Management Act 2004 (c. 18).

[^f00021]: Sections 54, 55, 57, 60, 68 and 69 were amended by sections 40(1) and (2) of, and Schedule 1 to, the Traffic Management Act 2004.

[^f00022]: Section 54 was amended by section 40(1) and (2) and section 49(1) of, and Schedule 1 to, the Traffic Management Act 2004.

[^f00023]: Section 55 was amended by sections 40(1) and (2), 49(2) and 51(9) of, and Schedule 1 to, the Traffic Management Act 2004.

[^f00024]: Section 57 was amended by sections 40(1) and (2) and 52(3) of, and Schedule 1 to, the Traffic Management Act 2004.

[^f00025]: Section 59 was amended by sections 40(1) and (2), and 42 of, and Schedule 1 to, the Traffic Management Act 2004.

[^f00026]: Section 60 was amended by sections 40(1) and (2) of, and Schedule 1 to the Traffic Management Act 2004.

[^f00027]: Section 68 was amended by sections 40(1) and (2) of, and Schedule 1 to the Traffic Management Act 2004.

[^f00028]: Section 69 was amended by sections 40(1) and (2) of, and Schedule 1 to the Traffic Management Act 2004.

[^f00029]: 2004 c. 18.

[^f00030]: 2006 c. 26.

[^f00031]: 1995 c. 21.

[^f00032]: 1975 c. 23. Section A1 was inserted by section 33 of the Flood and Water Management Act 2010 (c. 29).

[^f00033]: 1989 c. 29.

[^f00034]: Section 106 was amended by sections 35(8) and 43(2) of the Competition and Services (Utilities) Act 1992 (c. 43), by section 99 of the Water Act 2003 (c. 37), and by paragraph 16(1) of Schedule 3 to the Flood and Water Management Act 2010 (c. 29).

[^f00035]: S.I. 2016/1154, to which there are amendments not relevant to this Order.

[^f00036]: 1991 c. 57.

[^f00037]: 1991 c. 59.

[^f00038]: Section 24(1) was amended by S.I. 1996/593, 2013/755 (W 90).

[^f00039]: Section 25 was amended by section 2 of the Water Act 2003 (c. 37) and S.I. 2013/755 (W 90), 2015/664.

[^f00040]: Section 48A was inserted by section 24(1) of the Water Act 2003.

[^f00041]: Section 90(2A) was inserted by section 16(1) of the Transport and Works Act 1992 (c. 42).

[^f00042]: Section 8 was amended by paragraphs 1 and 2 of Part 1 of Schedule 17 to the Housing and Planning Act 2016 (c. 22) and by S.I. 2009/1307.

[^f00043]: 1986 c. 44, section 7 was substituted by section 5 of the Gas Act 1995 (c. 40) and subsection (1) was amended by section 76(2) of the Utilities Act 2000 (c. 27) and Part 1 of Schedule 23 to the Energy Act 2004 (c. 20).

[^f00044]: As amended by section 36(2) of the Water Act 2003 (c. 37).

[^f00045]: Section 97 was amended by paragraph 17(b) of Schedule 15 and Part 4 of Schedule 18 to the Government of Wales Act 1998 (c. 38), by the Statute Law (Repeals) Act 1998 (c. 43), by paragraphs 55 and 57 of Schedule 8 to the Housing and Regeneration Act 2008 (c. 17), and by paragraphs 39 and 41 of Schedule 22 to the Localism Act 2011 (c. 20).

[^f00046]: 2003 c. 21.

[^f00047]: Section 4 was substituted by section 182(1) of the Housing and Planning Act 2016.

[^f00048]: Section 4A(1) was inserted by section 202(1) of the Housing and Planning Act 2016.

[^f00049]: Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016.

[^f00050]: Schedule 2A was inserted by paragraph 3 of Part 1 to Schedule 17 of the Housing and Planning Act 2016.

[^f00051]: Section 5 was amended by Schedule 15 to the Housing and Planning Act 2016.

[^f00052]: Section 5A was inserted by section 182(2) of the Housing and Planning Act 2016.

[^f00053]: Section 5B(1) was inserted by section 202(2) of the Housing and Planning Act 2016.

[^f00054]: Section 6(1) was amended by paragraphs 4 and 7 of Schedule 15 to the Housing and Planning Act 2016.

[^f00055]: Section 7(1) was substituted by paragraphs 1 and 3 of Schedule 18 of the Housing and Planning Act 2016.

[^f00056]: Schedule A1 was inserted by paragraphs 1 and 6 of Part 1 of Schedule 18 to the Housing and Planning Act 2016.

[^f00057]: Subsection (4A) was inserted by section 200 of the Housing and Planning Act 2016.

[^f00058]: Section 11 was amended by Schedule 4 to the Acquisition of Land Act 1981 (c. 67), by paragraph 12(1) of Schedule 5 to the Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), by section 186(2), 187(2) and 188 of, and paragraph 6 of Schedule 14 and paragraphs 2 and 3 of Schedule 16 to, the Housing and Planning Act 2016, and S.I.2009/1307.

[^f00059]: Section 4 was amended by sections 184 and 185 of, and paragraphs 1 and 2 of Schedule 18 to, the Housing and Planning Act 2016.

[^f00060]: Section 13 was amended by sections 62(3) and 139(4) to (9) of, and paragraphs 27 and 28 of Schedule 13 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).

[^f00061]: Section 272 was amended by paragraph 103 of Schedule 17 to the Communications Act 2003 (c. 21).

[^f00062]: 1972 c. 70. Section 236 was amended by paragraph 11 of Schedule 15 to the Civil Aviation Act 1982 (c. 16), by paragraph 31(1) of Schedule 14 to the Local Government Act 1985 (c. 51), by Part 1 of Schedule 27 to the Water Act 1989 (c. 15), by section 129 of the Local Government and Public Involvement in Health Act 2007 (c. 28), and by paragraphs 10 and 34 of Schedule 6 to the Local Democracy, Economic Development and Construction Act 2009 (c. 20). Section 238 was amended by paragraphs 10 and 36 of Schedule 6 to the Local Democracy, Economic Development and Construction Act 2009.

[^f00063]: Section 32 was amended by Schedule 17 to the Local Government Act 1985 (c. 51) and by paragraph 39 of Schedule 8 to the 1991 Act.

[^f00064]: 1984 c. 27.

[^f00065]: 1990 c. 43. Section 82 was amended by section 5(2) of the Noise and Statutory Nuisance Act 1993 (c. 40) and paragraph 6 of Schedule 17 to the Environment Act 1995 (c. 25).

[^f00066]: Section 79(1) was amended by section 2(2) of the Noise and Statutory Nuisance Act 1993, section 120 of, and paragraph 2(a) of Schedule 17 and paragraph 89(2) of Schedule 22 to, the Environment Act 1995, sections 101(2) and 102(2) of the Clean Neighbourhoods and Environment Act 2005 (c. 16) and sections 109(2), 110(2), 111(2) and 112(2)(a) of the Public Health etc. (Scotland) Act 2008 (asp. 5).

[^f00067]: 1974 c. 40.

[^f00068]: Section 61 was amended by Schedule 7 to the Building Act 1984 (c. 55), paragraph 15(3) of Schedule 15 to the Environmental Protection Act 1990 (c. 43), and by Schedule 24 to the Environment Act 1995.

[^f00069]: 2017 c. 20.

[^f00070]: 1991 c. 59. Section 23 was amended by paragraph 192 of Schedule 22 to the Environment Act 1995, by paragraphs 25 and 32 of Schedule 2 to the Flood and Water Management Act 2010 (c. 29), and by S.I 2013/755 (W. 90).

[^f00071]: 1978 c. 30.

[^f00072]: Section 5A was inserted by section 103 of the Planning and Compulsory Purchase Act 2004 (c. 5). Subsection (5A) was inserted by paragraph 4 of Part 2 of Schedule 17 to the Housing and Planning Act 2016 (c. 22).

[^f00073]: 1973 c. 26.

[^f00074]: Section 12 was amended by section 56(2) of, and Part 1 of Schedule 9 to, the Courts Act 1971 (c. 23), and paragraphs 2 and 4 of Schedule 16 to the Housing and Planning Act 2016 (c. 22).

[^f00075]: Section 20 was amended by paragraph 4 of Schedule 15 to the Planning and Compensation Act 1991 (c. 34) and S.I. 2009/1307.

[^f00076]: 1981 c. 66, as amended by Part 7 of the Housing and Planning Act 2016 (c. 22).

[^f00077]: 2004 c. 21. Section 44 was amended by section 6 of the Emergency Workers (Obstruction) Act 2006 (c. 39).

[^f00078]: 2002 c. 30. Section 41 was amended by paragraph 42 of Schedule 14 to the Police and Justice Act 2006 (c. 48).

[^f00079]: 1978 c. 30.

[^f00080]: Sections 273 and 274 were amended by paragraph 103 of Schedule 17 to the Communication Act 2003 (c. 21).

[^f00081]: Section 279(3) was amended by paragraph 103, and section 280 was amended by paragraph 104, of Schedule 17 to the Communications Act 2003. Sections 280 and 282 were amended by S.I. 2009/1307.

[^f00082]: Section 329(1) was amended by Part 1 of Schedule 27 to the Water Act 1989 (c. 15) and Schedule 18 to the Electricity Act 1989 (c. 29).

[^f00083]: Section 64(1) of the Electricity Act 1989 was amended by paragraph 38(4) of Schedule 6(11) of the Utilities Act 2000 (c. 27).

[^f00084]: Section 51A was inserted by section 92(1) of the Water Act 2003 (c. 37), and amended by section 10(1) and (2) of the Water Act 2014 (c. 21).

[^f00085]: Section 102(4) was amended by section 96(1)© of the Water Act 2003 and paragraphs 2 and 90 of Schedule 7 to the Water Act 2014.

[^f00086]: Section 104 was amended by section 96(4) of the Water Act 2003, by section 42(3) of the Flood and Water Management Act 2010 (c. 29), and by section 11(1) and (2) of the Water Act 2014.

[^f00087]: 1986 c. 44.