Water Resources Act 1991

• (b) naming the areas of each of the authorities or boards in respect of which a copy of the notice is required to be served under sub-paragraph (4)(a) above;

• (c) specifying a place where a copy of the draft order and of any relevant map or plan may be inspected; and

• (d) where the notice required by sub-paragraph (2) above is published in a newspaper, giving the name of the newspaper and the date of an issue containing the notice.

• (6) In this paragraph—

• (a) where a draft order makes provision generally (rather than for a specified geographical area), references to the area to which the order relates are to the whole area (whether England, Wales or both of them) in relation to which the order is applied;

• (b) references to a National Park authority are to a National Park authority established under Part 3 of the 1995 Act;

• (ba) references to a corporate joint committee are to a corporate joint committee to which Part 6 of the Planning and Compulsory Purchase Act 2004 applies by virtue of regulations under Part 5 of the Local Government and Elections (Wales) Act 2021;

• (c) a “relevant source of supply”, in relation to a draft order, means—

• (i) if the draft order relates only to particular sources of supply (or a class of them) in an area, any of those sources of supply (or any source of supply in that class) in that area;

• (ii) otherwise, any source of supply in the area to which the draft order relates;

• (d) a “relevant water undertaker”, in relation to a draft order, means a water undertaker which is the holder of a licence to abstract water under Chapter 2 of Part 2 of this Act from—

• (i) a relevant source of supply; or

• (ii) a source of supply which is related to a relevant source of supply;

• (e) for the purposes of paragraph (d) above, a source of supply (the “related source”) is related to a relevant source of supply if it appears to the appropriate agency that, having regard to the extent to which the level or flow of water in the related source depends on the level or flow of the waters in the relevant source of supply, the ability of the water undertaker to abstract water from the related source in accordance with its licence may be substantially affected as a result of the draft order;

• (f) “related inland waters” are inland waters the level or flow of which may, in the appropriate agency's opinion, be affected by changes in the level or flow of the waters in a relevant source of supply.

Duty to provide copy of draft order

2

Where an application for an order is made, the appropriate agency shall, at the request of any person, furnish him with a copy of the draft order on payment of such charge as the appropriate agency thinks reasonable.

Making of order

3

• (1) Where an application for an order is made, the Secretary of State may make the order either in the form of the draft or in that form as altered in such manner as he thinks fit.

• (2) Where the Secretary of State—

• (a) proposes to make any alteration of an order before making it; and

• (b) considers that any persons are likely to be adversely affected by it,

the appropriate agency shall give and publish such additional notices, in such manner, as the Secretary of State may require.

• (3) Sub-paragraph (4) below shall apply if before the end of—

• (a) the period of twenty-eight days referred to in sub-paragraph (2)(b) of paragraph 1 above;

• (b) the period of twenty-five days from the publication in the London Gazette of the notice under sub-paragraph (5) of that paragraph; or

• (c) any period specified in notices under sub-paragraph (2) above,

notice of an objection is received by the Secretary of State from any person on whom a notice is required by this Schedule to be served, from any other person appearing to the Secretary of State to be affected by the order (either as prepared in draft or as proposed to be altered) or, in a case where the Secretary of State directed the appropriate agency to apply for the order, from the appropriate agency.

• (4) Where this sub-paragraph applies and the objection in question is not withdrawn, the Secretary of State, before making the order, may take such steps as he sees fit and, in particular, may—

• (a) cause a local inquiry to be held; or

• (b) afford to the objector and to the appropriate agency an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

• (5) Where—

• (a) the order (whether as prepared in draft or as proposed to be altered) relates to any tidal water situated in Wales (or in an area of the sea adjoining either the coast of Wales or an area of sea forming part of Wales); and

• (b) no navigation authority, harbour authority or conservancy authority has functions in relation to that tidal water,

the Secretary of State shall not make the order except with the approval of the Secretary of State for Transport.

Notice and inspection of final order

4

• (1) Where an order is made under section 27A(1) or 39B(3) of this Act, whether in the form of the draft proposed by the appropriate agency or with alterations, the Secretary of State shall give notice to the appropriate agency—

• (a) stating that the order has been made, either without alteration or with alterations specified in the notice; and

• (b) specifying the date (not being earlier than twenty-eight days after the date of the notice under this paragraph) on which the order shall have effect;

and the appropriate agency shall forthwith publish the notice.

• (2) The appropriate agency shall keep a copy of every order made under section 27A(1) or 39B(3) of this Act available at its offices for inspection by the public, free of charge, at all reasonable times.

SCHEDULE 7

Applications for licences of right under paragraph 30 or 31 of Schedule 26 to the Water Act 1989

1

• (1) Paragraphs 30 and 31 of Schedule 26 to the Water Act 1989 shall continue to apply (notwithstanding the repeals made by the Water Consolidation (Consequential Provisions) Act 1991 but subject to the following provisions of this Schedule) in relation—

• (a) to any application made under either of those paragraphs which is outstanding immediately before the coming into force of this Act; and

• (b) to any appeal against a determination made, on an application under either of those paragraphs, either before the coming into force of this Act or, thereafter, by virtue of paragraph (a) above;

but for the purposes of any such application or appeal any reference in those paragraphs to a provision of the Water Resources Act 1963 which is re-enacted in this Act shall have effect, in relation to a time after the coming into force of this Act, as a reference to the corresponding provision of this Act.

• (2) Where an application for the grant of a licence by virtue of paragraph 30 or 31 of Schedule 26 to the Water Act 1989 has been made before the end of the period within which such an application was required to be made under that paragraph, then—

• (a) sections 24 and 48 of this Act and Part II of the Gas Act 1965 shall have effect, until the application is disposed of, as if the licence had been granted on the date of the application and the provisions of the licence had been in accordance with the proposals contained in the application; and

• (b) for the purposes of those sections and Part II of the said Act of 1965 any licence granted on the application shall be treated as not having effect until the application has been disposed of.

• (3) For the purposes of this paragraph an application for the grant of a licence by virtue of paragraph 30 or 31 of Schedule 26 to the Water Act 1989 above shall be taken to be disposed of on (but not before) the occurrence of whichever of the following events last occurs, that is to say—

• (a) the grant, on the determination of the application by the appropriate agency, of a licence the provisions of which are in accordance with the proposals contained in the application;

• (b) the expiration, without a notice of appeal having been given, of the period (if any) within which the applicant is entitled to give notice of appeal against the decision on the application;

• (c) the determination or withdrawal of an appeal against that decision;

• (d) the grant, variation or revocation, in compliance with a direction given by the Secretary of State in consequence of such an appeal, of any licence;

and in this sub-paragraph any reference to a decision includes a reference to a decision which is to be treated as having been made by virtue of any failure of the appropriate agency to make a decision within a specified time.

• (4) Subject to the other provisions of this Schedule, any licence granted by virtue of this paragraph shall have effect as a licence under Chapter II of Part II of this Act; and, so far as necessary for the purposes of this paragraph, anything done under or for the purposes of a provision of the Water Resources Act 1963 applied by paragraph 30 or 31 of Schedule 26 to the 1989 Act, shall have effect as if that paragraph applied the corresponding provision of this Act and that thing had been done under or for the purposes of that corresponding provision.

Section 48 of this Act

2

Subsection (2) of section 48 of this Act shall not afford any defence to an action brought before 1st September 1992 if the licence referred to in that subsection is a 1989 Act licence of right; and there shall be no defence afforded to such an action by that subsection as applied by paragraph 1(2) above.

Section 55 of this Act

3

No application shall be made under section 55 of this Act (variation of licence on application of owner of fishing rights) in respect of any 1989 Act licence of right.

Section 60 of this Act

4

• (1) Where the plaintiff in any action brought against the appropriate agency in pursuance of section 60 of this Act (liability of the appropriate agency for derogation from protected right) is entitled to a protected right for the purposes of Chapter II of Part II of this Act by reason only that he is the holder of, or has applied for, a licence of right, it shall be a defence for the appropriate agency to prove—

• (a) that the plaintiff could have carried out permissible alterations in the means whereby he abstracted water from the source of supply in question; and

• (b) that, if he had carried out such alterations, the abstraction or, as the case may be, the obstruction or impeding of the flow of the inland waters authorised by the licence to which the action relates would not have derogated from his protected right for the purposes of that Chapter;

and subsection (3) of that section (liability of appropriate agency for compliance with direction requiring derogation from protected rights) shall not apply to a direction given in consequence of an appeal against the decision of the appropriate agency on an application for the grant of a 1989 Act licence of right.

• (2) In this paragraph “permissible alterations”—

• (a) in relation to a person who is the holder of a licence of right, means any alteration of works, or modification of machinery or apparatus, which would fulfil the requirements of the licence as to the means whereby water is authorised to be abstracted;

• (b) in relation to a person who is not the holder of a licence of right, but to whose application for such a licence paragraph 1 above applies, means any alteration of works, or modification of machinery or apparatus, by means of which he abstracted water from the source of supply in question during the period of five years ending with 1st September 1989, being an alteration or modification which would be within the scope of the licence if granted in accordance with the application.

Section 61 of this Act

5

• (1) No compensation shall be payable under section 61 of this Act (compensation for revocation or variation of a licence) in respect of the revocation or variation of a 1989 Act licence of right if the revocation or variation is for giving effect to the decision of the court in an action in respect of which paragraph 2 above has effect or in any proceedings in consequence of such an action.

• (2) Nothing in section 61(3) of this Act (compensation not payable in respect of works etc. carried out before the grant of a licence) shall apply in relation to any licence of right.

Licences of right

6

• (1) In this Schedule references to a licence of right are references to—

• (a) any 1989 Act licence of right, that is to say, a licence granted (whether or not by virtue of paragraph 1 above) under paragraph 30 or 31 of Schedule 26 to the Water Act 1989; or

• (b) any licence which, having been granted in pursuance of an application under section 33 of the Water Resources Act 1963 (or in pursuance of an appeal consequential on such an application), has effect after the coming into force of this Act by virtue of sub-paragraph (2) below.

• (2) The repeal by the Water Consolidation (Consequential Provisions) Act 1991 of paragraph 29(4) of Schedule 26 to the Water Act 1989 shall not prevent any licence granted as mentioned in paragraph (b) of sub-paragraph (1) above from continuing (in accordance with paragraph 1 of Schedule 2 to that Act of 1991 and subject to the preceding provisions of this Schedule) to have effect after the coming into force of this Act as a licence under Chapter II of Part II of this Act.

SCHEDULE 8

1

• (1) The applicant for a drought order shall—

• (a) cause notice of the application to be served on the persons specified in the Table set out in sub-paragraph (2) below;

• (b) cause a notice of the application to be published in one or more local newspapers circulating within the area affected by the order; and

• (c) cause a notice of the application to be published in the London Gazette.

• (2) The said Table is as follows—

All orders	(a) The Agency (where it is not the applicant).aaThe NRBW (where it is not the applicant). (b) Every local authority (not being an English county council) and water undertaker (not being the applicant) whose area would be affected by the order.
Orders which suspend or modify any enactment or any order or scheme made or confirmed under any enactment.	Such persons (if any) as are specified by name in the enactment, order or scheme as being persons for whose protection it was enacted or made.
Orders concerning the taking of water from a source or the discharge of water or effluent to a place.	(a) Every local authority (not being an English county council) in whose area the source, or the place at which water or effluent is to be discharged, is situated.(b) Every drainage board for an internal district in which the source, or the place at which water or effluent is to be discharged, is situated.(c) Every navigation authority exercising functions over any watercourse affected by the order.(d) If the order concerns any environmental permit relating to the discharge of sewage effluent or trade effluent, the person to whom the environmental permit was given.
Orders which authorise the carrying out of any works.	(a) Every local authority (not being an English county council) within whose area the works are situated.(b) If the order authorises the carrying out of works in, under or over a watercourse, every drainage board for an internal drainage district within which the works, or any part of the works, are situated.
Orders which authorise the occupation and use of land.	Every owner, lessee and occupier of the land.
Orders which prohibit or limit the taking of water.	Every named person to whom the prohibition or limitation applies.

• (3) A notice for the purposes of this paragraph of an application for a drought order—

• (a) shall state the general effect of the application;

• (b) shall specify a place within the area affected by the order where a copy of any relevant map or plan may be inspected by any person free of charge at all reasonable times within a period of seven days from the date on which it is served or, as the case may be, published;

• (c) shall state that objections to the application may be made to the Secretary of State within seven days from the date on which it is served or, as the case may be, published; and

• (d) in the case of an application for an order authorising the occupation and use of land, shall specify the land to which the application relates.

• (4) A notice sent in a letter in pursuance of section 220 of this Act to an address to which it may be sent in pursuance of that section shall not be treated as having been properly served for the purposes of this paragraph unless the sender takes such steps as are for the time being required to secure that the letter is transmitted in priority to letters of other descriptions.

Objections to and making of orders

2

• (1) If any objection is duly made with respect to an application for a drought order and is not withdrawn, then, subject to the provisions of this paragraph, the Secretary of State shall, before making the order, either—

• (a) cause a local inquiry to be held; or

• (b) afford an opportunity—

• (i) to the objector; and

• (ii) if the objector avails himself of the opportunity, to the applicant and to any other persons to whom it appears to the Secretary of State expedient to afford the opportunity,

of appearing before and being heard by a person appointed by the Secretary of State for the purpose.

• (2) Subject to sub-paragraph (3) below, where, on an application for a drought order, it appears to the Secretary of State that a drought order is required to be made urgently if it is to enable the deficiency of supplies of water to be effectively met, he may direct that the requirements of sub-paragraph (1) above shall be dispensed with in relation to the application.

• (3) Nothing in sub-paragraph (2) above shall authorise the Secretary of State to fail to consider any objection to a proposed drought order which has been duly made and not withdrawn.

• (4) Notwithstanding anything in sub-paragraph (1) above, the Secretary of State may—

• (a) require any person who has made an objection to a proposed drought order to state in writing the grounds of his objection; and

• (b) disregard the objection for the purposes of this paragraph if the Secretary of State is satisfied—

• (i) that the objection relates exclusively to matters which can be dealt with on a reference under Schedule 9 to this Act or by any person by whom compensation is to be assessed; or

• (ii) in a case where the order is one confined to the extension of a period specified in a previous order, that the objection is one that has in substance been made with respect to the application for that previous order.

• (5) Subject to the requirements of this paragraph, the Secretary of State, upon being satisfied that the proper notices have been published and served, may, if he thinks fit, make the order in respect of which the application is made with or without modifications.

• (6) The Secretary of State may hold a local inquiry on any application for a drought order notwithstanding that he is not required to do so by this paragraph.

• (7) For the purposes of subsection (2) of section 53 of the 1995 Act (which applies subsections (2) to (5) of section 250 of the Local Government Act 1972 to inquiries in connection with functions of or in relation to the Agency or in connection with relevant environmental functions of or in relation to the NRBW) as modified by subsection (4) of that section, a local inquiry held under this paragraph with respect to an application by a water undertaker for a drought order, if it would not otherwise fall within paragraph (a) or (b) of that subsection, is to be treated as one which falls within paragraph (b).

Notice after making of order

3

After a drought order has been made, the person on whose application it was made shall cause to be published (in the manner in which notice of the application was required under paragraph 1 above to be published) a notice—

• (a) stating that the order has been made; and

• (b) naming a place where a copy of it may be inspected.

SCHEDULE 9

Compensation to be made in the case of all drought orders

1

Where a drought order has been made, compensation in respect of the entry upon or occupation or use of land shall be made by the applicant for the order to—

• (a) the owners and occupiers of the land; and

• (b) all other persons interested in the land or injuriously affected by the entry upon, occupation or use of the land,

for loss or damage sustained by reason of the entry upon, occupation or use of the land.

Compensation to be made in the case of ordinary orders only

2

• (1) This paragraph shall apply for determining the compensation to be made, in addition to any made under paragraph 1 above, where an ordinary drought order has been made.

• (2) Compensation in respect of the taking of water from a source or its taking from a source otherwise than in accordance with a restriction or obligation which has been suspended or modified shall be made by the applicant for the order to—

• (a) the owners of the source of water; and

• (b) all other persons interested in the source of water or injuriously affected by the taking of the water,

for loss or damage sustained by reason of the taking of the water.

• (3) Compensation in respect of water’s being discharged or not discharged to any place or its being discharged otherwise than in accordance with a restriction or obligation (whether relating to the treatment or discharge of the water) which has been suspended or modified shall be made by the applicant for the order to—

• (a) the owners of the place of discharge; and

• (b) all other persons interested in the place of discharge or injuriously affected by the discharge or lack of discharge,

for loss or damage sustained by reason of the water being discharged or not discharged or being discharged otherwise than in accordance with the restriction or obligation.

• (4) Compensation in respect of the imposition of a prohibition or limitation on the taking of water from a source shall be made by the applicant for the order, to any persons to whom the prohibition or limitation applies, for loss or damage sustained by reason of the prohibition or limitation.

• (5) Compensation in respect of a power to make discharges of sewage effluent or trade effluent in pursuance of any environmental permit shall be made by the applicant for the order, to any person who has been exercising that power, for loss or damage sustained by reason of the suspension or variation of the environmental permit or the attachment of conditions to the environmental permit.

Claims for compensation: general

3

• (1) A claim for compensation under this Schedule shall be made by serving upon the applicant a notice stating the grounds of the claim and the amount claimed.

• (2) Any question as to the right of a claimant to recover compensation, or as to the amount of compensation recoverable, shall, in default of agreement, be referred to, and determined by, the Upper Tribunal .

Claims for compensation under paragraph 2

4

• (1) A claim for compensation under paragraph 2 above may be made at any time not later than six months after the end of the period for which the order authorises, as the case may be—

• (a) the taking or discharge of water;

• (b) the imposition of a prohibition or limitation on the taking of water;

• (c) the suspension or modification of any restriction or obligation; or

• (d) the suspension or variation of, or attachment of conditions to, any environmental permit relating to the discharge of sewage effluent or trade effluent.

• (2) Where a claim for compensation under paragraph 2 above is made during the continuance of the ordinary drought order, the Upper Tribunal may, if it thinks fit, award a sum representing the loss or damage which is likely to be sustained by the claimant in respect of each day on which, as the case may be—

• (a) water is taken or discharged;

• (b) water is not discharged or is discharged otherwise than in accordance with an obligation or restriction; or

• (c) sewage effluent or trade effluent is discharged otherwise than in accordance with an environmental permit originally given.

• (3) In assessing the compensation to be made under paragraph 2(2) above the Upper Tribunal may, if it thinks fit, have regard to the amount of water which, on an equitable apportionment of the water available from the source between the claimant, the applicant and other persons taking water from the source, may fairly be apportioned to the claimant.

• (4) In assessing the compensation to be made under paragraph 2(3) above in respect of the lack of discharge of compensation water, the Upper Tribunal may, if it thinks fit, have regard to the amount of water which, under the conditions existing by reason of the shortage of rain, would have been available to the claimant during the period during which the deficiency of supplies of water is continued, if the applicant in relation to whom the obligation was imposed had never carried on its undertaking.

• (5) In sub-paragraph (4) above “compensation water” has the same meaning as in section 77 of this Act.

Schedule 10

Applications for consents

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consideration and determination of applications

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notification of proposal to give consent

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reference to Secretary of State of certain applications forconsent

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consents without applications

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Revocation of consents and alteration and imposition of conditions

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restriction on variation and revocation of consent and previous variation

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 11

Applications for orders

1

• (1) Where the appropriate agency applies to the Secretary of State for an order under section 93 of this Act, it shall—

• (a) submit to the Secretary of State a draft of the order applied for;

• (b) publish a notice with respect to the application, at least once in each of two successive weeks, in one or more newspapers circulating in the locality proposed to be designated as a water protection zone by the order;

• (c) not later than the date on which that notice is first published serve a copy of the notice on every local authority and water undertaker whose area includes the whole or any part of that locality; and

• (d) publish a notice in the London Gazette which-

• (i) states that the draft order has been submitted to the Secretary of State;

• (ii) names every local authority on whom a notice is required to be served under this paragraph;

• (iii) specifies a place where a copy of the draft order and of any relevant map or plan may be inspected; and

• (iv) gives the name of every newspaper in which the notice required by virtue of paragraph (b) above was published and the date of an issue containing the notice.

• (2) The notice required by virtue of sub-paragraph (1)(b) above to be published with respect to an application for an order shall—

• (a) state the general effect of the order applied for;

• (b) specify a place where a copy of the draft order and of any relevant map or plan may be inspected by any person free of charge at all reasonable times during the period of twenty-eight days beginning with the date of the first publication of the notice; and

• (c) state that any person may, within that period, by notice to the Secretary of State object to the making of the order.

Supply of copies of draft orders

2

Where the appropriate agency has applied for an order under section 93 of this Act, it shall, at the request of any person and on payment by that person of such charge (if any) as the appropriate agency may reasonably require, furnish that person with a copy of the draft order submitted to the Secretary of State under paragraph 1 above.

Modifications of proposals

3

• (1) On an application for an order under section 93 of this Act, the Secretary of State may make the order either in the terms of the draft order submitted to him or, subject to sub-paragraph (2) below, in those terms as modified in such manner as he thinks fit, or may refuse to make an order.

• (2) The Secretary of State shall not make such a modification of a draft order submitted to him as he considers is likely adversely to affect any persons unless he is satisfied that the appropriate agency has given and published such additional notices, in such manner, as the Secretary of State may have required.

• (3) Subject to sub-paragraph (2) above and to the service of notices of the proposed modification on such local authorities as appear to him to be likely to be interested in it, the modifications that may be made by the Secretary of State of any draft order include any modification of the area designated by the draft order as a water protection zone.

Consideration of objections etc.

4

Without prejudice to section 53 of the 1995 Act (inquiries and other hearings), where an application for an order under section 93 of this Act has been made, the Secretary of State may, if he considers it appropriate to do so, hold a local inquiry before making any order on the application.

SCHEDULE 12

Part I — APPLICATIONS BY THE AGENCY FOR DESIGNATIONS ORDERS

Orders made only on application

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure for applications

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II — ORDERS CONTAINING MANDATORY PROVISIONS

Publication of proposal for order containing mandatory provisions

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supply of copies of proposed orders

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Modifications of proposals

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consideration of objections et ceteralaetc.

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consent of Treasury for payment provisions

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 13

Transitional power to transfer power of determination with respect to water pollution matters to the Agency

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Order under section 32(3) of the 1974 Act

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Pre-1989 transitional provisions

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Discharge consents on application of undertakers et ceteralaetc.

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 14

Procedure on application for order

1

As soon as any scheme under section 108 of this Act has been submitted to one of the Ministers, the appropriate agency shall—

• (a) send copies of the scheme to every internal drainage board, local authority, navigation authority, harbour authority and conservancy authority affected by it; and

• (b) publish, in one or more newspapers circulating in the area affected by the scheme, a notice stating—

• (i) that the scheme has been submitted to that Minister;

• (ii) that a copy of it is open to inspection at a specified place; and

• (iii) that representations with respect to the scheme may be made to that Minister at any time within one month after the publication of the notice.

Order making procedure etc.

2

• (1) Before either of the Ministers makes an order under section 108 of this Act, he shall cause notice of—

• (a) the intention to make it;

• (b) the place where copies of the draft order may be inspected and obtained; and

• (c) the period within which, and the manner in which, objections to the draft order may be made,

to be published in the London Gazette and in such other manner as he thinks best adapted for informing persons affected and to be sent to the persons specified in sub-paragraph (2) below.

• (2) The persons referred to in sub-paragraph (1) above are—

• (a) every county council , county borough council or London borough council in whose area any part of the area proposed to be affected by the order is situated and, if any part of that area is situated in the City of London, the Common Council of the City of London;

• (b) the appropriate agency and every drainage body, navigation authority, harbour authority or conservancy authority that is known to the Minister in question to be exercising jurisdiction within the area proposed to be affected by the order.

• (3) In sub-paragraph (2) above “drainage body” has the same meaning as in section 108 of this Act.

Determination of whether to make order

3

• (1) Before either of the Ministers makes an order under section 108 of this Act he—

• (a) shall consider any objections duly made to the draft order; and

• (b) may, in any case, cause a public local inquiry to be held with respect to any objections to the draft order.

• (2) Each of the Ministers may, in making an order under section 108 of this Act, make such modifications in the terms of the draft as appear to him to be desirable and may confirm the scheme to which the order relates either with or without modifications.

Notice of orders

4

As soon as may be after an order under section 108 of this Act has effect one of the Ministers shall publish in the London Gazette, and in such other manner as he thinks best adapted for informing persons affected, a notice—

• (a) stating that the order has come into force; and

• (b) naming a place where a copy of it may be seen at all reasonable hours.

Challenge to orders

5

• (1) If any person aggrieved by an order under section 108 of this Act desires to question its validity on the ground—

• (a) that it is not within the powers of this Act; or

• (b) that any requirement of this Act has not been complied with,

he may, within six weeks of the date of the publication of the notice mentioned in paragraph 4 above, make an application for the purpose to the High Court.

• (2) Where an application is duly made to the High Court under this paragraph, the High Court, if satisfied—

• (a) that the order is not within the powers of this Act; or

• (b) that the interests of the applicant have been substantially prejudiced by any requirements of this Act not having been complied with,

may quash the order either generally or in so far as it affects the applicant.

• (3) Except by leave of the Court of Appeal, no appeal shall lie to the Supreme Court from a decision of the Court of Appeal in proceedings under this paragraph.

• (4) Subject to the preceding provisions of this paragraph an order under section 108 of this Act shall not at any time be questioned in any legal proceedings whatsoever.

Power to make regulations for purposes of Schedule etc.

6

The Ministers may make regulations in relation to—

• (a) the publication of notices under paragraph 2 or 4 above;

• (b) the holding of public local inquiries under this Schedule and procedure at those inquiries; and

• (c) any other matters of procedure respecting the making of orders under section 108 of this Act.

SCHEDULE 15

Raising of drainage charge

1

• (1) A drainage charge—

• (a) shall be raised by the appropriate agency in writing under the common seal of the appropriate agency; and

• (b) shall be deemed to be raised on the date on which a resolution is passed by the appropriate agency authorising their seal to be affixed to the charge.

• (2) Every drainage charge shall be raised for a year ending on 31st March and shall be raised before or during the year for which it is raised.

• (3) Without prejudice to their powers by virtue of section 112 of this Act, the Ministers shall each have power by regulations to prescribe the forms of drainage charges and of demands for drainage charges.

Publication of drainage charge

2

• (1) A drainage charge shall not be valid unless notice of the charge is given by the appropriate agency in accordance with sub-paragraph (2) below within ten days of the date on which it is raised.

• (2) The notice must—

• (a) state the amount of the charge and the date on which it was raised; and

• (b) be published in one or more newspapers circulating in the area in respect of which the charge was raised.

Occupiers liable for drainage charge

3

• (1) Subject to paragraphs 4 and 5 below—

• (a) drainage charges shall be levied on the occupiers of chargeable land in the flood risk management region or, as the case may be, the designated area; and

• (b) sub-paragraphs (2) to (4) below shall have effect with respect to the assessment of persons to a drainage charge with respect to any land (“the relevant land") and their liability in regard to the charge.

• (2) A drainage charge shall be assessed on the person who at the date of the raising of the charge is the occupier of the relevant land.

• (3) The full amount of a drainage charge may be recovered by the appropriate agency from any person who is the occupier of the relevant land at any time during the period for which the charge is raised; but a person who is in occupation of the relevant land for part only of the period for which the charge is raised shall be liable, by virtue of sub-paragraph (4) below, to bear a proportionate part only of the charge.

• (4) If a person who is in occupation of the relevant land for part only of a period for which a drainage charge is raised is required under sub-paragraph (3) above to pay the full amount of the charge, he may (subject to any agreement to the contrary) recover, from any other person who has been in occupation of the land for part of that period, the amount which that other person is liable to bear.

Cases where identity of occupiers in doubt

4

• (1) The appropriate agency may serve on the owner of any land a notice requiring him to state in writing the name and address of any person known to him as being an occupier of that land.

• (2) The owner of any land shall be guilty of an offence if—

• (a) he fails without reasonable excuse to comply with a notice under sub-paragraph (1) above;

• (b) he makes any statement in respect of the information required by such a notice which he knows to be false in a material particular; or

• (c) he recklessly makes any statement in respect of the information required by such a notice which is false in a material particular.

• (3) A person guilty of an offence under sub-paragraph (2) above shall be liable, on summary conviction, to a fine not exceeding level 4 on the standard scale; and a person convicted by virtue of paragraph (a) of that sub-paragraph shall be liable to a further conviction by virtue of that paragraph if, after conviction, he continues without reasonable excuse to fail to comply with the notice in question.

• (4) Where the name of any person liable to be assessed to any drainage charge is not known to the appropriate agency, it shall be sufficient to assess him to the charge by the description of the “occupier” of the premises (naming them) in respect of which the assessment is made, without further name or description.

• (5) For the purposes of this Schedule the owner of any land shall be deemed to be its occupier during any period during which it is unoccupied.

• (6) Sub-paragraphs (1) to (3) above shall be without prejudice to the provisions of Part VIII of this Act.

Arrangements for owner of land to pay drainage charge

5

• (1) Subject to paragraph 6 below, the appropriate agency may make arrangements with the owner of any chargeable land for any drainage charges which may be raised by the appropriate agency for any period in respect of the land to be levied on the owner, instead of on the occupier of the land.

• (2) Where arrangements under this paragraph are made—

• (a) the charges in question shall be levied on the owner, instead of on the occupier; and

• (b) any reference to an occupier in the provisions of this Schedule (except in this paragraph and paragraph 6 below) shall be construed accordingly.

• (3) Subject to sub-paragraph (4) below, where in pursuance of any arrangements under this paragraph the owner of any land pays drainage charges in respect of the land to the appropriate agency either—

• (a) before the end of the period of two months beginning with the date of the service on him of the demand for the charges; or

• (b) before the end of one-half of the period for which the charges are raised,

the appropriate agency shall make to him an allowance equal to ten per cent. of the full amount of the charges.

• (4) No allowance shall be made under sub-paragraph (3) above in respect of charges which, apart from this paragraph, are payable for any period by the owner in pursuance of paragraph 4(5) above.

• (5) Where arrangements are made under this paragraph, it shall be the duty of the appropriate agency to give notice of the arrangements, forthwith after they are made, to the occupier of the land affected by them.

• (6) The owner of any land who is a party to any arrangements under this paragraph in respect of the land may recover from the occupier of the land a sum equal to the amount of any drainage charges in respect of the land which, apart from the arrangements, would be payable by the occupier.

Power of occupier to prevent arrangements under paragraph 5

6

• (1) The occupier of any chargeable land may, by notice given to the appropriate agency, determine—

• (a) that no arrangements under paragraph 5 above shall be made in respect of the land; and

• (b) that any such arrangements previously made shall cease to have effect so far as they relate to the land and any drainage charge to be raised for a period beginning after the date on which the notice takes effect;

and may, by a notice so given, revoke any determination under this sub-paragraph so far as it prohibits the making of any such arrangements in respect of the land.

• (2) A notice under sub-paragraph (1) above shall take effect on the day following that on which it is given to the appropriate agency.

• (3) Where notice is given to the appropriate agency under sub-paragraph (1) above, it shall be the duty of the appropriate agency to send a copy of the notice to the owner of the land to which it relates.

Assessment of chargeable land to drainage charge

7

• (1) Where land is chargeable land during part only of the year for which a drainage charge is raised, a proportionate part only of the charge shall be payable in respect of that land; and any amount overpaid shall be repaid.

• (2) Where the area of chargeable land in respect of which, apart from this sub-paragraph, a sum is payable by any person by way of a drainage charge consists of or includes a fraction of a hectare, then for the purpose of calculating that sum the fraction shall be disregarded if it is less than one-half and treated as one hectare in any other case.

Partial exemption of commercial woodlands

8

• (1) The sum payable by way of a drainage charge in respect of chargeable land consisting of commercial woodlands shall be calculated as if the area of the land were one-fifth of its actual area.

• (2) In the application of paragraph 7(2) above to chargeable land to which sub-paragraph (1) above applies the area ascertained in pursuance of sub-paragraph (1) above (and not the area of which it is one-fifth) shall be treated as the area in relation to which paragraph 7(2) above has effect.

Returns with respect to land

9

• (1) The appropriate agency may serve on any person appearing to it to be the occupier of any land a notice requiring him to furnish a return under sub-paragraph (2) below to the appropriate agency within twenty-eight days beginning with the date of service of the notice on him.

• (2) The return required of a person by a notice under sub-paragraph (1) above is a return, in writing and in such form as may be specified in the notice, containing such particulars as may reasonably be required for the purpose of enabling the appropriate agency to determine—

• (a) how much (if any) of the land occupied by that person is chargeable land; and

• (b) how much (if any) consists of commercial woodlands.

• (3) If any person on whom notice has been served under sub-paragraph (1) above—

• (a) fails without reasonable excuse to comply with the notice;

• (b) in a return made in pursuance of such a notice, makes any statement which he knows to be false in a material particular; or

• (c) in any such return recklessly makes any statement which is false in a material particular,

he shall be guilty of an offence

• (4) A person guilty of an offence under sub-paragraph (3) above shall be liable, on summary conviction, to a fine not exceeding level 4 on the standard scale; and a person convicted by virtue of paragraph (a) of that sub-paragraph shall be liable to a further conviction by virtue of that paragraph if, after conviction, he continues without reasonable excuse to fail to comply with the notice in question.

• (5) This paragraph shall be without prejudice to the provisions of Part VIII of this Act.

Power to correct erroneous assessments etc.

10

• (1) The appropriate agency may, as respects any drainage charge raised by it for the current or the preceding year, make such amendments in any demands or other documents relating to the charge as appear to the appropriate agency necessary in order to make the raising, levying and collection of the charge conform with this Act.

• (2) In particular, the appropriate agency may—

• (a) correct any clerical or arithmetical error;

• (b) correct any erroneous insertions or omissions or any misdescriptions;

• (c) make such additions or corrections as appear to the appropriate agency to be necessary by reason of any change in the occupation of any chargeable land or any property ceasing to be chargeable land.

• (3) The appropriate agency shall serve a notice of any amendment made by the appropriate agency in pursuance of this paragraph on the occupier of all land affected thereby.

• (4) Where an amendment is made in pursuance of this paragraph—

• (a) any amount overpaid shall be repaid or allowed; and

• (b) any amount underpaid may be recovered as if it were arrears of the charge.

Appeals against demands for drainage charges

11

• (1) If any person is aggrieved by—

• (a) a demand for a drainage charge made on him as the occupier of chargeable land; or

• (b) an amendment of such a demand,

he may appeal to the county court ... .

• (2) Notice of appeal under this paragraph, specifying the grounds of appeal, must be given within the required period—

• (a) to the court to which the appeal is made;

• (b) to the appropriate agency; and

• (c) if the appeal relates to land not in the occupation of the appellant, to the occupier of the land.

• (3) For the purposes of sub-paragraph (2) above the required period is twenty-eight days after the date on which the demand is made or, as the case may be, notice of the amendment is served on the appellant.

• (4) On an appeal under this paragraph the court shall, as it thinks just, either confirm the demand or annul or modify it.

Recovery of drainage charges

12

• (1) Arrears of any drainage charge may be recovered by the appropriate agency in the same manner in which arrears of a non-domestic rate may be recovered under the Local Government Finance Act 1988 by a billing authority within the meaning of that Act.

• (2) Without prejudice to its powers by virtue of section 37 of, and paragraph 6 of Schedule 1 to, the 1995 Act, the appropriate agency may by resolution authorise any member or officer of the appropriate agency, either generally or in respect of particular proceedings—

• (a) to institute or defend on its behalf any proceedings in relation to a drainage charge; or

• (b) notwithstanding that he is not qualified to act as a solicitor, to appear on the appropriate agency's behalf in any proceedings before a magistrates’ court for the issue of a warrant of control for failure to pay a drainage charge.

• (3) In proceedings for the recovery of arrears of a drainage charge the defendant shall not be entitled to raise by way of defence any matter which might have been raised on an appeal under paragraph 11 above.

• (4) The appropriate agency shall not be required to demand or enforce payment of a drainage charge in any case where the amount of the charge is insufficient to justify the expense of collection.

Use of certain authorities as agents for assessment, collection etc. of drainage charges

13

• (1) The appropriate agency and any relevant authority may enter into agreements for—

• (a) the doing by the relevant authority, as agents of the appropriate agency, of anything required for the purpose of the assessment to and recovery of a drainage charge in respect of any relevant land; and

• (b) the making by the appropriate agency to the relevant authority of payments in respect of anything so done.

• (2) The appropriate agency may make arrangements with either of the Ministers for the exercise by him on behalf of the appropriate agency, in such cases as may be determined in pursuance of the arrangements, of the powers conferred on the appropriate agency by paragraph 9 above.

• (3) Any arrangements under sub-paragraph (2) above shall contain provision for the reimbursement by the appropriate agency of any expenses incurred by the Minister in question in pursuance of the arrangements.

• (4) In this paragraph—

• “relevant authority” means the council of any district or London borough or Welsh county or county boroughor any internal drainage board; and

• “relevant land”, in relation to an agreement with any relevant authority, means—

• (a) where the relevant authority is a district or London borough or Welsh county or county boroughcouncil, the chargeable land within the council’s area; and

• (b) where the relevant authority is an internal drainage board, such land as may be specified in the agreement.

SCHEDULE 16

Submission of scheme

1

• (1) Before submitting a special charges scheme to either of the Ministers, the appropriate agency shall consult organisations appearing to it to represent the interests of persons engaged in agriculture in the area designated in the scheme.

• (2) As soon as any special charges scheme has been submitted to either of the Ministers, the appropriate agency shall—

• (a) send copies of the scheme to—

• (i) the council of any county, county boroughdistrict or London borough wholly or partly within the relevant area;

• (ii) the drainage board for any internal drainage district within the relevant area; and

• (iii) every organisation appearing to the appropriate agency to represent the interests of persons engaged in agriculture in the relevant area;

and

• (b) publish, in one or more newspapers circulating in the area affected by the scheme, a notice stating—

• (i) that the scheme has been submitted to that Minister;

• (ii) that a copy of it is open to inspection at a specified place; and

• (iii) that representations with respect to the scheme may be made to that Minister at any time within one month after the publication of the notice.

• (3) Where the appropriate agency submit a special charges scheme which designates any watercourse wholly or partly within an internal drainage district, then (unless the appropriate agency is the drainage board for that district) the scheme must be accompanied either—

• (a) by a statement of the drainage board for that district that they have consented to the designation; or

• (b) by a statement that they have not consented thereto and a further statement setting out the reasons why the watercourse should nevertheless be designated for the purposes of section 137 of this Act.

• (4) For the purposes of sub-paragraph (2) above “the relevant area” is the area designated in the scheme.

Confirmation of scheme

2

• (1) Subject to the following provisions of this Schedule the Minister to whom a special charges scheme has been submitted may by order made by statutory instrument confirm the scheme either with or without modifications.

• (2) Neither of the Ministers shall confirm a special charges scheme unless he is satisfied that the scheme is reasonable and financially sound, having regard to all the circumstances, and in particular to any contributions from local authorities and internal drainage boards which, if the scheme is confirmed, are likely to be available to the appropriate agency in addition to the special drainage charge authorised by the scheme.

• (3) An order confirming a special charges scheme may contain provisions with respect to the persons by whom all or any of the expenses incurred by either of the Ministers or by other persons in connection with the making or confirmation of the order, or the making of the scheme, are to be borne.

Notice of proposed order

3

• (1) Before either of the Ministers makes an order confirming a special charges scheme he shall cause notice of—

• (a) the intention to make it;

• (b) the place where copies of the draft order may be inspected and obtained; and

• (c) the period within which, and the manner in which, objections to the draft order may be made,

to be published in the London Gazette and in such other manner as he thinks best adapted for informing persons affected and to be sent to the persons specified in sub-paragraph (2) below.

• (2) The persons referred to in sub-paragraph (1) above are—

• (a) every county council , county borough council or London borough council in whose area any part of the area proposed to be affected by the order is situated and, if any part of that area is situated in the City of London, the Common Council of the City of London; and

• (b) the appropriate agency and every drainage body, navigation authority, harbour authority or conservancy authority that is known to the Minister in question to be exercising jurisdiction within the area proposed to be affected by the order.

• (3) In sub-paragraph (2) above “drainage body” has the same meaning as in section 108 of this Act.

Determination of whether to make order

4

• (1) Before either of the Ministers makes an order confirming a special charges scheme, he—

• (a) shall consider any objections duly made to the draft order; and

• (b) may, in any case, cause a public local inquiry to be held with respect to any objections to the draft order.

• (2) Each of the Ministers shall have power, in making an order confirming a special charges scheme, to make such modifications in the terms of the draft as appear to him to be desirable.

Procedure and other matters after the making of an order

5

• (1) After either of the Ministers has made an order confirming a special charges scheme, the order (together with a notice under sub-paragraph (2) below) shall be published in such manner as he thinks best adapted for informing the persons affected.

• (2) A notice under this sub-paragraph is a notice—

• (a) that the Minister in question has made the order; and

• (b) that the order will become final and have effect unless, within such period of not less than thirty days as may be specified in the notice, a memorial praying that the order shall be subject to special parliamentary procedure is presented to that Minister, by a person who is affected by the order and has such interest as may be prescribed by regulations made by one of the Ministers as being sufficient for the purpose.

Orders subject to special parliamentary procedure

6

• (1) If—

• (a) no such memorial as is mentioned in paragraph 5(2) above has been presented within the period so mentioned in respect of any order confirming a special charges scheme; or

• (b) every such memorial has been withdrawn,

the Minister who made the order shall confirm the order and it shall thereupon have effect.

• (2) If such a memorial has been presented in respect of such an order and has not been withdrawn, the order shall be subject to special parliamentary procedure.

• (3) An order confirming a special charges scheme shall in any event be subject to special parliamentary procedure if the Minister who makes the order so directs.

• (4) The Minister who makes an order confirming a special charges scheme may, at any time before it has been laid before Parliament, revoke, either wholly or partially, any order that is subject to special parliamentary procedure.

Notice of unconfirmed orders

7

As soon as may be after an unconfirmed order has effect, the Minister who made the order shall publish in the London Gazette, and in such other manner as he thinks best adapted for informing persons affected, a notice—

• (a) stating that the order has come into force; and

• (b) naming a place where a copy of it may be seen at all reasonable hours.

Challenge to unconfirmed orders

8

• (1) If any person aggrieved by an unconfirmed order desires to question its validity on the ground—

• (a) that it is not within the powers of this Act; or

• (b) that any requirement of this Act has not been complied with,

he may, within six weeks of the relevant date, make an application for the purpose to the High Court.

• (2) Where an application is duly made to the High Court under this paragraph, the High Court, if satisfied—

• (a) that the order is not within the powers of this Act; or

• (b) that the interests of the applicant have been substantially prejudiced by any requirements of this Act not having been complied with,

may quash the order either generally or in so far as it affects the applicant.

• (3) Except by leave of the Court of Appeal, no appeal shall lie to the Supreme Court from a decision of the Court of Appeal in proceedings under this paragraph.

• (4) Subject to the preceding provisions of this paragraph an unconfirmed order shall not at any time be questioned in any legal proceedings whatsoever.

• (5) In this paragraph “the relevant date”, in relation to an order, means—

• (a) where the order is subject to special parliamentary procedure, the date on which the order becomes operative under the Statutory Orders (Special Procedure) Act 1945;

• (b) where the order is not subject to special parliamentary procedure, the date of the publication of the notice mentioned in paragraph 7 above.

Power to make regulations for purposes of Schedule

9

The Ministers may make regulations in relation to—

• (a) the publication of notices under this Schedule;

• (b) the holding of public local inquiries under this Schedule and procedure at those inquiries; and

• (c) any other matters of procedure respecting the making of orders confirming a special charges scheme.

Interpretation

10

• (1) In this Schedule—

• “special charges scheme” means a scheme under section 137 of this Act; and

• “unconfirmed order” means an order confirming a special charges scheme, other than one which is itself confirmed under section 6 of the Statutory Orders (Special Procedure) Act 1945.

• (2) Section 113 of this Act shall apply for the interpretation of this Schedule as it applies for the interpretation of Part IV of this Act.

SCHEDULE 17

Orders to be made by statutory instrument

1

The power to make an order under section 143 of this Act shall be exercisable by statutory instrument.

Inquiries

2

• (1) The Secretary of State may hold inquiries for the purposes of section 143 of this Act as if those purposes were purposes of the Ministry of Transport Act 1919; and section 20 of that Act (power to hold inquiries) shall have effect accordingly.

• (2) The Secretary of State may make such order as to the payment of costs incurred by him in connection with any such inquiry as he may think just.

Notice of order

3

• (1) After the Secretary of State has made an order under section 143 of this Act, the order, together with a notice under sub-paragraph (2) below, shall be published in such manner as he thinks best adapted for informing the persons affected.

• (2) A notice under this sub-paragraph is a notice—

• (a) that the Secretary of State has made the order; and

• (b) that the order will become final and have effect unless, within such period of not less than thirty days as may be specified in the notice, a memorial praying that the order shall be subject to special parliamentary procedure is presented to the Secretary of State, by a person who is affected by the order and has such an interest as may be prescribed as being sufficient for the purpose.

Orders subject to special parliamentary procedure

4

• (1) If—

• (a) no such memorial as is mentioned in paragraph 3(2) above has been presented within the period so mentioned in respect of any order under section 143 of this Act; or

• (b) every such memorial has been withdrawn,

the Secretary of State shall confirm the order and it shall thereupon have effect.

• (2) If such a memorial has been presented in respect of such an order and has not been withdrawn, the order shall be subject to special parliamentary procedure.

• (3) An order under section 143 of this Act shall, in any event, be subject to special parliamentary procedure if the Secretary of State so directs.

• (4) The Secretary of State may, at any time before it has been laid before Parliament, revoke, either wholly or partially, any order under section 143 of this Act that is subject to special parliamentary procedure.

SCHEDULE 18

Compensation enactments

1

Subject to the following provisions of this Schedule, the enactments for the time being in force with respect to 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 154 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 land.

Adaptation of the Compulsory Purchase Act 1965

56

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 acquisition under section 154 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—

• (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 I of the 1965 Act shall apply in relation to the compulsory acquisition under section 154 of this Act of a right by the creation of a 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—

(7) In 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 right but also to the damage (if any) to be sustained by the 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

Section 8(1) of the Compulsory Purchase Act 1965 has effect as if references to acquiring land were to acquiring a right in the land, and Schedule 2A to that Act is to be read as if, for that Schedule, there were substituted—

SCHEDULE 2A (1) (1) This Schedule applies where an acquiring authority serve a notice to treat in respect of a right over the whole or part of a house, building or factory. (2) But see section 2A of the Acquisition of Land Act 1981 (under which a compulsory purchase order can exclude from this Schedule land that is 9 metres or more below the surface). (2) In this Schedule “house” includes any park or garden belonging to a house. (3) A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the authority to purchase the owner's interest in the house, building or factory. (4) A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served. (5) On receiving a counter-notice the acquiring authority must decide whether to— (a) withdraw the notice to treat, (b) accept the counter-notice, or (c) refer the counter-notice to the Upper Tribunal. (6) The authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”). (7) If the authority decide to refer the counter-notice to the Upper Tribunal they must do so within the decision period. (8) If the authority do not serve notice of a decision within the decision period they are to be treated as if they had served notice of a decision to withdraw the notice to treat at the end of that period. (9) If the authority serve notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner's interest in the house, building or factory. (10) On a referral under paragraph 7 the Upper Tribunal must determine whether the acquisition of the right would— (a) in the case of a house, building or factory, cause material detriment to the house, building or factory, or (b) in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs. (11) In making its determination, the Upper Tribunal must take into account— (a) the effect of the acquisition of the right, (b) the proposed use of the right, and (c) if the right is proposed to be acquired for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land. (12) If the Upper Tribunal determines that the acquisition of the right would have either of the consequences described in paragraph 10 it must determine how much of the house, building or factory the authority ought to be required to take. (13) If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory the compulsory purchase order and the notice to treat are to have effect as if they included the owner's interest in that land. (14) (1) If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land. (2) If the acquiring authority withdraws the notice to treat under this paragraph they must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice. (3) Any dispute as to the compensation is to be determined by the Upper Tribunal.

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), that is to say—

• (a) section 9(4) (refusal by owners to convey);

• (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 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.

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 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.

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 would be compensated on a compulsory acquisition under section 154 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.

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 that section, to continue entitled to exercise the right acquired, subject to compliance with that section as respects compensation.

SCHEDULE 19

Applications for orders

1