(4) The powers of the Authority under sub-paragraphs (1) and (2) may not be
exercised after the end of the period of two years beginning with the
commencement of this Schedule and Schedule 8.
(5) The Secretary of State may give directions to the Authority for the purpose
of securing that conditions of appointment are modified in consequence of
the amendments to the WIA made by this Schedule and Schedule 8; and the
Authority shall comply with any such direction.
Powers of entry under the Coal Industry Act 1994
After Schedule 1 to the Coal Industry Act 1994 (c. 21) there is inserted—
Supplemental provisions with respect to powers of entry
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;
“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
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
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
the justice may by warrant authorise the Authority to designate a
person who shall be authorised to exercise the power in relation to
those premises, in accordance with the warrant and, if need be, by
(2) The conditions mentioned in sub-paragraph (1)(b) above are—
(a) that the exercise of the power in relation to the premises
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.
(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
required by that subsection has been given and that the period of
that notice has expired.
(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
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
trespassers as he found them.
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
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)
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
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
relevant power if the court is satisfied that the act was done in
good faith and that there were reasonable grounds for doing it.”
Compulsory purchase under the Coal Industry Act 1994
After Schedule 1A to the Coal Industry Act 1994 (c. 21) (which is inserted by
Schedule 5) there is inserted—
Modification of compensation provisions etc in relation to the
creation of new rights
1 Subject to the following provisions of this Schedule, the
enactments for the time being in force with respect to
compensation for the compulsory purchase of land shall apply
with the necessary modifications as respects compensation in the
case of a compulsory acquisition under section 4B of this Act of a
right by the creation of a new right as they apply as respects
compensation on the compulsory purchase of land and interests in
Adaptation of the Compulsory Purchase Act 1965
2 (1) The Compulsory Purchase Act 1965 (in the following provisions of
this Schedule referred to as “the 1965 Act”) shall have effect with
the modifications necessary to make it apply to the compulsory
acquisition under section 4B of this Act of a right by the creation of
a new right as it applies to the compulsory acquisition under that
section of land, so that, in appropriate contexts, references in that
Act to land are to be read (according to the requirements of the
particular context) as referring to, or as including references to—
(a) the right acquired or to be acquired; or
(b) the land over which the right is or is to be exercisable.
(2) Without prejudice to the generality of sub-paragraph (1) above,
Part 1 of the 1965 Act shall apply in relation to the compulsory
acquisition under section 4B this Act of a right by the creation of a
new right with the modifications specified in the following
provisions of this Schedule.
Section 7 of the 1965 Act
3 For section 7 of the 1965 Act (measure of compensation) there shall
be substituted the following section—
“7 I n assessing the compensation to be paid by the acquiring
authority under this Act regard shall be had not only to the
extent (if any) to which the value of the land over which the
right is to be acquired is depreciated by the acquisition of the
right but also to the damage (if any) to be sustained by the
owner of the land by reason of its severance from other land
of his, or injuriously affecting that other land by the exercise
of the powers conferred by this or the special Act.”
Section 8 of the 1965 Act
4 For subsection (1) of section 8 of the 1965 Act (protection for
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
(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
(i) in the case of a house, building or manufactory, the
part over which the right is proposed to be acquired
can be made subject to that right without material
detriment to the house, building or manufactory; or
(ii) in the case of a park or garden, the part over which the
right is proposed to be acquired can be made subject
to that right without seriously affecting the amenity
or convenience of the house;
and, if the Lands Tribunal so determine, the Tribunal shall
award compensation in respect of any loss due to the
acquisition of the right, in addition to its value; and
thereupon the party interested shall be required to grant to
the acquiring authority that right over the part of the house,
building, manufactory, park or garden.
(1A) In considering the extent of any material detriment to a
house, building or manufactory, or any extent to which the
amenity or convenience of a house is affected, the Lands
Tribunal shall have regard not only to the right which is to be
acquired over the land, but also to any adjoining or adjacent
land belonging to the same owner and subject to compulsory
Effect of deed poll
5 The following provisions of the 1965 Act (being provisions stating
the effect of a deed poll executed in various circumstances where
there is no conveyance by persons with interests in the land)—
(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
(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
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
power, exercisable in the like circumstances and subject to the like
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.
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
would be compensated on a compulsory acquisition under section
4B of this Act of that land, but taking into account only the extent
(if any) of such interference with such an interest as is actually
caused, or likely to be caused, by the exercise of the right in
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
that section, to continue entitled to exercise the right acquired,
subject to compliance with that section as respects compensation.”
Minor and consequential amendments
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
(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
(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
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),
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
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
(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;”.
9 In section 71 (modification of local enactments), in subsection (4), “33,” is
10 In section 125 (specific exemptions from water resources charges),
subsection (2) is omitted.
11 (1) Schedule 6 (which relates to the making of orders providing for exemption
from restrictions on abstraction) is amended as follows.
(2) In paragraph 1(1)—
(a) for “section 33” there is substituted “section 27A or 39B(3)”; and
(b) “(“an exemption order”)” is omitted.
(3) In paragraph 3—
(a) in sub-paragraph (3), for “section 33(4)” there is substituted “section
27A(2) or 39B(6)”; and
(b) sub-paragraph (5) is omitted.
(4) In paragraph 4, for “section 33”, in both places, there is substituted “section
27A or 39B(3)”.
(5) Wherever else it occurs, “exemption” is omitted.
(6) In the heading, for “EXEMPTION FROM RESTRICTIONS FROM
ABSTRACTION” there is substituted “CHANGE IN RIGHTS TO
ABSTRACT SMALL QUANTITIES AND COMPULSORY REGISTRATION
OF PROTECTED RIGHTS”.
New regulatory arrangements, etc
Public Records Act 1958 (c. 51)
12 In Schedule 1 to the Public Records Act 1958 (definition of public records),
at the appropriate place in Part 2 of the Table at the end of paragraph 3 there
“Consumer Council for Water.”
Public Bodies (Admission to Meetings) Act 1960 (c. 67)
13 In the Schedule to the Public Bodies (Admission to Meetings) Act 1960
(bodies to which Act applies), for paragraph 1(k) there is substituted—
“(k) regional committees of the Consumer Council for Water
established under section 27A of the Water Industry Act 1991.”
Parliamentary Commissioner Act 1967 (c. 13)
14 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments
and authorities subject to investigation)—
(a) there is inserted at the appropriate places—
“Consumer Council for Water.”
“Water Services Regulation Authority.”, and
(b) the entry relating to the Office of the Director General of Water
Services is omitted.
Superannuation Act 1972 (c. 11)
15 In Schedule 1 to the Superannuation Act 1972, in the list of “Other Bodies”
there is inserted at the appropriate place—
“The Consumer Council for Water.”
House of Commons Disqualification Act 1975 (c. 24)
16 (1) Schedule 1 to the House of Commons Disqualification Act 1975 is amended
(2) In Part 2 (bodies of which all members are disqualified), there is inserted at
the appropriate places—
“The Consumer Council for Water, and each regional committee of the
Council established under section 27A of the Water Industry Act
“The Water Services Regulation Authority.”
(3) In Part 3 (other disqualifying offices), the entries relating to the following are
(a) the Chairman of a customer service committee maintained under
section 28 of the Water Industry Act 1991, and
(b) the Director General of Water Services.