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Schedule 5 | |
Section 85(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 | |
Section 4B(8) | |
Supplemental provisions with respect to powers of entry | 5 |
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; | 10 |
“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 | 15 |
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 | 20 |
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 | 25 |
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 | 30 |
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. | 35 |
(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 | 40 |
required by that subsection has been given and that the period of | |
that notice has expired. | |
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(4) Every warrant under this Schedule shall continue in force until the | |
purposes for which the warrant was issued have been fulfilled. | |
Manner of exercise of powers | |
3 A person designated as the person who may exercise a relevant | |
power shall produce evidence of his designation and other | 5 |
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 | 10 |
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 | 15 |
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) | 20 |
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 | 25 |
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 | 30 |
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 85(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 |
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Schedule 5) there is inserted— | |
“Schedule 1B | |
Section 4C(5) | |
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 4C of this Act of a | 10 |
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 | 15 |
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 4C 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 | 20 |
that 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. | 25 |
(2) Without prejudice to the generality of sub-paragraph (1) above, | |
Part 1 of the 1965 Act shall apply in relation to the compulsory | |
acquisition under section 4C this Act of a right by the creation of a | |
new right with the modifications specified in the following | |
provisions of this Schedule. | 30 |
Section 7 of the 1965 Act | |
3 For section 7 of the 1965 Act (measure of compensation) there shall | |
be substituted the following section— | |
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“7 I n assessing the compensation to be paid by the acquiring | 35 |
authority under this Act regard shall be had not only to the | |
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 | 40 |
of his, or injuriously affecting that other land by the exercise | |
of the powers conferred by this or the special Act.” | |
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Section 8 of the 1965 Act | |
4 For subsection (1) of section 8 of the 1965 Act (protection for | |
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— | 5 |
(a) of any house, building or manufactory, or | |
(b) of a park or garden belonging to a house, | |
if he is willing to sell the whole of the house, building, manufactory, | |
park or garden, unless the Lands Tribunal determine that— | |
(iv) in the case of a house, building or manufactory, the | 10 |
part over which the right is proposed to be acquired | |
can be made subject to that right without material | |
detriment to the house, building or manufactory, or | |
(v) in the case of a park or garden, the part over which the | |
right is proposed to be acquired can be made subject | 15 |
to that right without seriously affecting the amenity | |
or convenience of the house, | |
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 | 20 |
shall be required to grant to the acquiring authority that right over | |
the part of the house, building, manufactory, park or garden. | |
(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 | 25 |
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 | |
and subject to compulsory purchase.” | |
Effect of deed poll | |
5 The following provisions of the 1965 Act (being provisions stating | 30 |
the effect of a deed poll executed in various circumstances where | |
there is no conveyance by persons with interests in the land)— | |
(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 | 35 |
owners); and | |
(d) paragraphs 2(3) and 7(2) of Schedule 4 (common land), | |
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 | 40 |
absolutely in the acquiring authority. | |
Section 11 of the 1965 Act | |
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 | 45 |
power, exercisable in the like circumstances and subject to the like | |
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conditions, to enter for the purpose of exercising that right (which | |
shall be deemed for this purpose to have been created on the date | |
of service of the notice); and sections 12 (penalty for unauthorised | |
entry) and 13 (entry on warrant in the event of obstruction) shall | |
be modified correspondingly. | 5 |
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 | |
persons with such interests as are mentioned in that section are | |
compensated in a manner corresponding to that in which they | 10 |
would be compensated on a compulsory acquisition under section | |
4C 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 | |
caused, or likely to be caused, by the exercise of the right in | |
question. | 15 |
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 | |
not been got in) shall be so modified as to enable the acquiring | |
authority, in circumstances corresponding to those referred to in | 20 |
that section, to continue entitled to exercise the right acquired, | |
subject to compliance with that section as respects compensation.” | |
Schedule 7 | |
Section 100(1) | |
Minor and consequential amendments | |
Part 1 | 25 |
Abstraction and impounding | |
Water Resources Act 1991 (c. 57) | |
1 The WRA is amended as follows. | |
2 In section 34 (regulations with respect to applications under Chapter 2 of | |
Part 2)— | 30 |
(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 | |
making such applications available for public inspection.”. | |
3 In section 40 (obligations to take river flow etc into account), in subsection | 35 |
(4)(b), for “neither discrete waters nor waters comprised in an order under | |
section 33 above” there is substituted “not discrete waters”. | |
4 In section 51 (modification of licence on application of licence holder), after | |
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subsection (2) there is inserted— | |
“(2A) An application may not be made under subsection (2) above to | |
convert an abstraction licence of one type into an abstraction licence | |
of a different type.” | |
5 In section 57 (emergency variation of licences for spray irrigation purposes), | 5 |
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”. | |
7 In section 66 (inland waters owned or managed by British Waterways | 10 |
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 | |
abstract water) where it is a benefice which has a right of access to the | 15 |
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 | |
is required by section 35 above to have a right of access; or”. | 20 |
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. | |
11 In section 206 (making of false statements etc), in subsection (1), after “Act” | 25 |
there is inserted “or of section 3, 4 or 10 of the Water Act 2003”. | |
12 In section 217 (criminal liabilities of directors and other third parties), in | |
subsection (1), after “this Act” there is inserted “or under section 4 of the | |
Water Act 2003”. | |
13 In section 222 (Crown application), as substituted by paragraph 2(4) of | 30 |
Schedule 21 to the Environment Act 1995 (c. 25), after subsection (10) there | |
is added— | |
“(11) This section shall apply in relation to sections 3, 4 and 10 of the Water | |
Act 2003 as it applies in relation to the provisions of this Act.” | |
14 For Schedule 6 (which relates to the making of orders providing for | 35 |
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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 | |
Notice of draft order | 5 |
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 | |
Agency shall publish a notice— | 10 |
(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 | |
twenty-eight days beginning with the date of first | 15 |
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— | |
(a) at least once in each of two successive weeks, in one or | 20 |
more newspapers circulating in the area to which the draft | |
order relates; or | |
(b) in any other manner which, in any particular case, may be | |
certified by the Secretary of State to be expedient in that | |
case. | 25 |
(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 | |
copy of the notice on— | |
(a) every local authority (in its capacity as the local planning | |
authority), joint planning board or National Park authority | 30 |
whose area consists of, includes or is included in the area | |
to which the draft order relates; | |
(b) any relevant water undertaker; | |
(c) any internal drainage board— | |
(i) whose district consists of, includes or is included in | 35 |
the area to which the draft order relates; | |
(ii) from whose district water is discharged into any | |
relevant source of supply; or | |
(iii) into whose district water is discharged from any | |
relevant source of supply; | 40 |
(d) any navigation authority, harbour authority or | |
conservancy authority having functions in relation to— | |
(i) any relevant source of supply; or | |
(ii) any related inland waters; | |
(e) if a relevant source of supply or related inland waters are | 45 |
tidal waters in relation to which there is no such navigation | |
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