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United Kingdom Statutory Instruments


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URL: http://www.bailii.org/uk/legis/num_reg/1989/uksi_19891748_en.html

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Statutory Instruments

1989 No. 1748

WATER, ENGLAND AND WALES

The Anglian Water Authority (High Pale) Boreholes Order 1989

Made

30th August 1989

Coming into force

31st August 1989

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:

Citation, commencement and interpretation

1.-(1) This Order may be cited as the Anglian Water Authority (High Pale) Boreholes Order 1989 and shall come into force on the 31st August 1989.

(2) This Order shall be included among the enactments which may be cited together as the Anglian Water Authority 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 of the Department of the Environment and marked "Plan referred to in the Anglian Water Authority (High Pale) Boreholes Order 1989", one duplicate of which is deposited and is available for inspection at the offices of the Authority at Ambury Road, Huntingdon, Cambridgeshire PE18 6NZ 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.

Power to construct, continue and maintain works

2.-(1) The Authority may construct, continue and maintain on or under the land described in Schedule 1 to this Order the following works-

(a)two boreholes in the approximate locations marked '1' and '2' on the deposited plan;

(b)a switchgear house and pumping station;

(c)(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.

Application of certain provisions of the Third Schedule-

3. 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).

Signed by authority of the Secretary of State

J.A.L.Gunn

An Under-Secretary,

Department of the Environment

31st August 1989

SCHEDULE 1DESCRIPTION OF LAND

Land in the parish of Bures St Mary in the district Babergh in the county of Suffolk edged pink on the deposited plan, containing 0.51 of a hectare (1.26 of an acre) or thereabouts and forming part of enclosure number 3677 on the 1:2500 Ordnance map of Suffolk Sheet number TL9035 (1955 edition) at National Grid Reference TL903 357.

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 6 (Penalty for obstructing construction of works)
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)
(1)

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

(2)

See the definition of "Minister".

(3)

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

(5)

Section 94(1) was amended by S.I. 1986/1


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