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The Anglian Water Authority (Quidenham Borehole) Order 1989

S.I. 1989/41 · Made 9 January 1989

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

WATER, ENGLAND AND WALES

Made 9th January 1989

Coming into force 10th January 1989

The Secretary of State for the Environment, on the application of the Anglian Water Authority, being statutory water undertakersf1, and in exercise of powers conferred by sections 23, 32(1) and 59(1)f2 of the Water Act 1945f3 and now vested in himf4, and of all other powers enabling him in that behalf, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

See the Water Act 1973 (c. 37), section 11(6).

f2

See the definition of “Minister”.

f3

1945 c. 42. There are amendments to sections 23 and 32, but none relevant to this Order.

f4

S.I.1951/142, 1900, 1970/1681.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Power to construct, continue and maintain works
  3. 3Application of certain provisions of the Third Schedule
  4. Signature
  5. Schedule 1DESCRIPTION OF LAND
  6. Schedule 2PROVISIONS OF THE THIRD SCHEDULE APPLIED

1Citation, commencement and interpretation

(1)

This Order may be cited as the Anglian Water Authority (Quidenham Borehole) Order 1989 and shall come into force on the 10th January 1989.

(2)

This Order shall be included among the enactments which may be cited together as the Anglian Water Authority Acts and Orders 1974 to 1989.

(3)

In this Order–

  • “the Authority” means the Anglian Water Authority;

  • “the deposited plan” means the plan prepared in duplicate, signed by an Under Secretary in the Department of the Environment and marked “Plan referred to in the Anglian Water Authority (Quidenham Borehole) Order 1989”, one duplicate of which is deposited and available for inspection at the offices of the Authority and the other at the offices of the Secretary of State for the Environment;

  • “the Third Schedule” means the Third Schedule to the Water Act 1945;

  • “the undertaking” means the water undertaking of the Authority as for the time being authorised by any enactment.

2Power to construct, continue and maintain works

(1)

The Authority may, on or under the land described in Schedule 1 to this Order–

(a)

continue and maintain the existing boreholes and pumping station;

(b)

construct, continue and maintain (in addition to the works authorised by section 4 of the Third Schedule as applied to the undertaking by this Order) all such additional wells, boreholes, adits and headings as may be necessary or expedient for augmenting, improving or maintaining the supply of water obtainable by means of the said boreholes and pumping station.

(2)

The works authorised by this Order shall for all purposes form part of the undertaking.

3Application of certain provisions of the Third Schedule

The provisions of the Third Schedule specified in column (1) of Schedule 2 to this Order shall apply to the undertaking, subject to the modifications set out in column (2) thereof.

Signature

Signed by authority of the Secretary of State

J. A. L. Gunn

An Under Secretary in the

Department of the Environment

9th January 1989

Schedule 1DESCRIPTION OF LAND

Land in the Parish of Quidenham in the County of Norfolk edged red on the deposited plan, having an area of 0.445 acres or thereabouts and comprising enclosure number 5260 on the 1/2500 Ordnance Survey Plan Sheet TM02/0387 (1980 edition) [at National Grid reference TM 024873].

Schedule 2PROVISIONS OF THE THIRD SCHEDULE APPLIED

(1)(2)
Provisions appliedModifications
Section 4 (General power to construct subsidiary works)
(i)

omit the words “and to any other provisions of the special Act limiting the powers of the undertakers to abstract water”.

(ii)

for the words “any land for the time being held by them in connection with their water undertaking” substitute “the land described in Schedule 1 to the special Act”.

Section 91 (Mode of reference to arbitration)–
Section 92 (Liability of undertakers to pay compensation)–
Section 94f1 (copies of special Act to be kept by undertakers in their office, and deposited with certain officers)In subsection (1), for the words from “the council of” to the end of the subsection substitute “the council of every county and district affected by the special Act.”