Statutory Instruments
WATER, ENGLAND AND WALES
Made
15th March 1988
Coming into force
16th March 1988
The Secretary of State for the Environment, on the application of the Anglian Water Authority, being statutory water undertakers(1), and in exercise of powers conferred by sections 23, 32(1) and 59(1)(2) of the Water Act 1945(3) and now vested in him(4) and of all other powers enabling him in that behalf, hereby makes the following Order:
1.-(1) This Order may be cited as the Anglian Water Authority (Does Corner Boreholes) Order 1988 and shall come into force on 16th March 1988.
(2) The Anglian Water Authority Acts and Orders 1974 to 1987 and this Order may be cited as the Anglian Water Authority Acts and Orders 1974 to 1988.
(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 (Does Corner Boreholes) Order 1988", one duplicate of which has been deposited and is available for inspection at the offices of the Authority at 33 Sheepen Road, Colchester, 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.
3. The Authority may, when they have acquired the land described in Schedule 1 to this Order or obtained sufficient rights therein-
(a)construct and maintain two boreholes on or under that land;
(b)construct and maintain, on or under that land a switchgear house, pumping station and treatment works;
(c)construct and maintain on or under that land (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 or improving the supply of water obtainable by means of those boreholes.
4. The works authorised by this Order shall for all purposes be deemed to form part of the undertaking.
5. 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.
Signed by authority of the Secretary of State.
Dinah Nichols
An Under Secretary in the
Department of the Environment
15th March 1988
Land in the Parish of Greenstead Green and Halstead Rural in the District of Braintree in the County of Essex coloured pink on the deposited plan, containing approximately 0.238 of a hectare (0.6 of an acre) being part of enclosure No. 6159 on the 1:2500 Ordnance Map of Essex, sheet No. TL 8031 (1966 edition).
Provisions applied | Modifications |
---|---|
(1) | (2) |
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 92 (liability of undertakers to pay compensation) | - |
Section 94(5) (copies of special Act to be kept by undertakers in their office, and deposited with certain officers) | - |
See the Water Act 1973 (c. 37), section 11(6).
See the definition of "Minister".
1945 c. 42. There are amendments to sections 23 and 32, but none relevant to this Order.
Section 94(1) was amended by S.I. 1986/1.