The Severn-Trent Water Authority (Lee Brockhurst Boreholes) Order 1989

S.I. 1989/229 · Made 20 February 1989

WATER, ENGLAND AND WALES

Made 20th February 1989

Coming into force 21st February 1989

The Secretary of State for the Environment, on the application of the Severn-Trent Water Authority, being statutory water undertakers^f1, and in exercise of powers conferred by sections 23, 32(1) and 59(1)^f2 of the Water Act 1945^f3 and now vested in him^f4, 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 1(16).
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.

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

1Citation, commencement and interpretation

(1)

This Order may be cited as the Severn-Trent Water Authority (Lee Brockhurst Boreholes) Order 1989 and shall come into force on the 21st February 1989.

(2)

This Order and the Severn-Trent Water Authority Orders 1974 to 1988 may be cited together as the Severn-Trent Water Authority Acts and Orders 1974 to 1989.

(3)

In this Order –

“the Authority” means the Severn-Trent 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 Severn-Trent Water Authority (Lee Brockhurst Boreholes) 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 –

(a)

continue and maintain on or under the land described in Schedule 1 to this Order the two existing boreholes;

(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 those boreholes.

(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

20th February 1989

Schedule 1DESCRIPTION OF LAND

Land in the Parish of Lee Brockhurst in the District of North Shropshire shown coloured pink on the deposited plan, having an area of 6.18 acres or thereabouts and forming part of enclosures number 6073 and 5855 on the 1/2500 Ordnance Survey Plan Map sheet SJ 5527 (1972 edition) at National Grid references SJ 5556 2756 and SJ 5553 2753.

Schedule 2PROVISIONS OF THE THIRD SCHEDULE APPLIED

Provisions applied	Modifications
Section 4 (General power to construct subsidiary works)	(i) omit the words “and to any other provisions 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”; (iii) after the word “buildings” insert “means of access”.
Part IV (minerals underlying waterworks)	In section 12:– (i) for the words “after this section is incorporated with their enactments” substitute “under the special Act”; (ii) for the words “all exisiting pipes or other conduits for the collection, passage, or distribution of water and underground works belonging to them” substitute “all such pipes or other conduits or other underground works”; (iii) omit the words “for the time being belonging to them”. Section 94^f1 (copies of special Act to be kept by undertakers in their office, and deposited with certain officers) In subsection (1), for the words from “London borough” to the end of the subsection substitute “with the council of every county and district affected by the special Act.”.

Provisions applied

Modifications

(1)

(2)

Section 4 (General power to construct subsidiary works)

(i)

omit the words “and to any other provisions 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”;

(iii)

after the word “buildings” insert “means of access”.

Part IV (minerals underlying waterworks)

In section 12:–

(i)

for the words “after this section is incorporated with their enactments” substitute “under the special Act”;
(ii)

for the words “all exisiting pipes or other conduits for the collection, passage, or distribution of water and underground works belonging to them” substitute “all such pipes or other conduits or other underground works”;
(iii)

omit the words “for the time being belonging to them”. Section 94^f1 (copies of special Act to be kept by undertakers in their office, and deposited with certain officers) In subsection (1), for the words from “London borough” to the end of the subsection substitute “with the council of every county and district affected by the special Act.”.