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(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 | 5 |
the amendments to the WIA made by this Schedule and Schedule 8; and the | |
Authority shall comply with any such direction. | |
Schedule 5 | |
Section 78(2) | |
Powers of entry under the Coal Industry Act 1994 | |
After Schedule 1 to the Coal Industry Act 1994 (c. 21) there is inserted— | 10 |
“Schedule 1A | |
Supplemental provisions with respect to powers of entry | |
Interpretation | |
1 (1) In this Schedule— | |
“designated person” means an authorised person, within | 15 |
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. | 20 |
(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 | |
section. | |
Issue of warrants | |
2 (1) If it is shown to the satisfaction of a justice of the peace, on sworn | 25 |
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 | 30 |
premises, | |
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 | |
force. | 35 |
(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; | |
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(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 | 5 |
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. | 10 |
(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 | 15 |
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 | 20 |
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 | 25 |
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) | 30 |
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 | 35 |
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 | 40 |
relevant power if the court is satisfied that the act was done in | |
good faith and that there were reasonable grounds for doing it.” | |
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Schedule 6 | |
Section 78(2) | |
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— | |
“Schedule 1B | 5 |
Modification of compensation provisions etc in relation to the | |
creation of new rights | |
Compensation enactments | |
1 Subject to the following provisions of this Schedule, the | |
enactments for the time being in force with respect to | 10 |
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 | 15 |
land. | |
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 | 20 |
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— | 25 |
(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 | 30 |
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— | 35 |
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“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 | 40 |
right but also to the damage (if any) to be sustained by the | |
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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 | 5 |
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— | |
(a) of any house, building or manufactory; or | 10 |
(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— | |
(i) in the case of a house, building or manufactory, the | 15 |
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 | 20 |
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 | 25 |
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 | 30 |
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 | |
purchase.” | 35 |
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); | 40 |
(b) paragraph 10(3) of Schedule 1 (owners under incapacity); | |
(c) paragraph 2(3) of Schedule 2 (absent and untraced | |
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 | 45 |
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. | |
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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 | 5 |
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. | 10 |
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 | 15 |
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 | |
question. | 20 |
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 | 25 |
that section, to continue entitled to exercise the right acquired, | |
subject to compliance with that section as respects compensation.” | |
Schedule 7 | |
Section 93(1) | |
Minor and consequential amendments | |
Part 1 | 30 |
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)— | 35 |
(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.”. | |
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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— | 5 |
“(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 | 10 |
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. | 15 |
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 | |
relevant land”. | 20 |
(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 | 25 |
omitted. | |
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. | 30 |
(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 | 35 |
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. | 40 |
(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”. | |
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Part 2 | |
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 | 5 |
is inserted— | |
“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— | 10 |
“(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)— | 15 |
(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. | 20 |
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) | 25 |
16 (1) Schedule 1 to the House of Commons Disqualification Act 1975 is amended | |
as follows. | |
(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 | 30 |
Council established under section 27A of the Water Industry Act | |
1991.” | |
“The Water Services Regulation Authority.” | |
(3) In Part 3 (other disqualifying offices), the entries relating to the following are | |
omitted— | 35 |
(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. | |
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