The Bridgwater Tidal Barrier Order 2022

• (1) After the end of the period of 5 years beginning with the day on which this Order comes into force—

• (a) no notice to treat is to be served under Part 1 of the 1965 Act as applied to the acquisition of land by article 33 (application of Part 1 of the 1965 Act); and

• (b) no declaration is to be executed under section 4 (execution of declaration) of the Compulsory Purchase (Vesting Declarations) Act 1981 as applied by article 34 (application of the Compulsory Purchase (Vesting Declarations) Act 1981).

• (2) The powers conferred by article 37 (temporary possession of land for construction purposes) cease at the end of the period referred to in paragraph (1), save that nothing in this paragraph prevents the Agency remaining in possession of land after the end of that period, if the land was entered and possession of it was taken before the end of that period.

PART 5 — OPERATION OF SCHEDULED WORKS

Power to operate scheduled works

43

• (1) The Agency may operate the scheduled works and among other things may—

• (a) open or close the barrier;

• (b) regulate water levels in the river by means of the barrier.

• (2) The power conferred in paragraph (1) is to be exercised so as to safeguard against flooding.

• (3) Paragraph (2) does not prevent the exercise of the power contained in paragraph (1) in order to—

• (a) prevent or alleviate any emergency;

• (b) store or release water;

• (c) ascertain the safest and most effective ways of using the scheduled works, to test their working or to train staff in their operation;

• (d) facilitate the construction, maintenance or re-laying of any works in or beside the river.

• (4) Except when required to be closed for the purposes mentioned in paragraphs (2) or (3), the barrier is to remain open.

• (5) When operating the barrier the Agency must have regard to—

• (a) the safety of vessels in the river;

• (b) the requirements of vessels in the river (including the need to have freedom of access to moorings and berths in the river upstream of the barrier);

• (c) the desirability of developing and conserving flora and fauna in the river;

• (d) any reasonable request of—

• (i) the Harbour Authority or other navigation authority for the time being for or in connection with their functions, and

• (ii) the police or other emergency services.

• (6) Subject as otherwise expressly provided in this Order, no liability arises in respect of any costs, damages, losses or expenses incurred by any person as a direct or indirect result of—

• (a) any obstruction to, delay of, or other interference with the passage of vessels, or

• (b) any change in the level of water in the river,

occasioned by the operation of the scheduled works unless the costs, damages, losses or expenses are incurred by reason of negligence in their operation.

Misuse of scheduled works, etc.

44

Any person who without lawful authority or reasonable excuse—

• (a) closes or opens the barrier, or

• (b) in any other way interferes with the scheduled works or their operation,

is guilty of an offence and for every such offence is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Navigation

Navigation etc. in vicinity of barrier

45

• (1) Any person who, without lawful authority or reasonable excuse, other than in an emergency—

• (a) moors a vessel to any part of Work No.1A without the consent of the Agency,

• (b) allows any vessel to drift in the vicinity of the barrier, except for the purpose of passing through the barrier or waiting to do so, or

• (c) moors a vessel in the vicinity of the barrier so as to obstruct access to or egress from a vertical lift gate or cause an obstruction to other vessels,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (2) In this article, “in the vicinity of the barrier” means on or in the area of water between—

• (a) a point 100 metres upstream (along the centre line of the navigable river) from the northernmost point of the moveable gate comprised in the barrier, and

• (b) a point 100 metres downstream (along the centre line of the navigable river) from the southernmost point of the moveable gate comprised in the barrier.

Obstruction etc.

Removal of vessels

46

• (1) Whenever any vessel is sunk, stranded, abandoned, or without lawful authority left or moored, in the river area, the Agency may, after giving (except in an emergency) not less than 21 days’ written notice to the owner of the vessel, raise, remove, store or otherwise dispose of the vessel.

• (2) The requirement to give notice in paragraph (1) does not apply in any case where it is not practicable after reasonable inquiry to ascertain the name and address of the owner.

• (3) Without prejudice to article 50 (emergency powers and consents), the power conferred by paragraph (1) is not exercisable by the Agency if—

• (a) it is within the powers of the Harbour Authority to deal with the vessel and the Harbour Authority decides to do so; and

• (b) the Agency, having given not less than 14 days’ notice to the Harbour Authority, is informed by the Harbour Authority within that time that the Harbour Authority intends to act and the Harbour Authority subsequently does act within 14 days of informing the Agency of its intention to do so.

• (4) Where a vessel is left or moored adjoining riparian property the Agency must give not less than one month’s notice to the owner or occupier of that property and such owner or occupier may make representations to the Agency as to the proposed raising, removal, storage, or disposal of the vessel.

• (5) Any notice given by the Agency under paragraph (1) must—

• (a) identify the vessel in respect of which the notice is served and its approximate location;

• (b) state that if the owner fails to raise and remove the vessel before the expiry of the period specified in the notice, the Agency may raise and remove the vessel and recover all expenses reasonably incurred in doing so; and

• (c) indicate that there is a right to refer the matter to arbitration under article 47 (arbitration in respect of removal of vessels).

• (6) The Agency may recover from the owner of any such vessel all expenses reasonably incurred by the Agency in respect of the raising, removal, storage or disposal of—

• (a) the vessel,

• (b) any furniture, tackle and apparel, goods chattels and effects of the vessel, or

• (c) any goods, chattels and effects raised or removed from the vessel.

• (7) In any proceedings by the Agency against the owner of the vessel for the recovery of any expenses which the Agency is entitled to recover under paragraph (6), it is not open to that person to raise any question which could have been raised on a referral to arbitration under article 47.

• (8) Subject to paragraph (9), if any vessel to which paragraph (1) applies is not within 6 weeks of its removal by the Agency, proved to the Agency’s satisfaction to belong to any claimant, the vessel (together with any such furniture, tackle, apparel, goods, chattels and effects) vests in the Agency.

• (9) If within 12 months of its removal a claim is made to the vessel by a person who subsequently proves to the satisfaction of the Agency that that person was the owner of the vessel, or has become the owner since the vessel was sunk, stranded, abandoned, left or moored as mentioned in paragraph (1), then the Agency must—

• (a) if the vessel is unsold, permit that person to retake it with any furniture, tackle, apparel, goods, chattels and effects on the vessel upon payment of the expenses referred to in paragraph (6) and upon the Agency so permitting, the vessel (together with any furniture, tackle, apparel, goods, chattels and effects on the vessel) vests in that person;

• (b) if the vessel (together with any furniture, tackle, apparel, goods, chattels and effects on the vessel) have been sold, pay to that person the amount of the proceeds of such sale after deducting those expenses, and in case such proceeds are insufficient to reimburse the Agency those expenses the deficiency may be recovered from that person by the Agency.

• (10) In this article—

• “owner”, in relation to any vessel sunk, stranded, abandoned, left or moored, means the owner of the vessel at the time of its sinking, stranding, abandonment, leaving or mooring save where the context expressly states otherwise;

• “riparian property” means land (other than the river bed) immediately abutting the river such that the frontage of the land is in physical contact with the river on a daily basis;

• “vessel” includes any part of a vessel.

Arbitration in respect of removal of vessels

47

• (1) Any person served with a notice by the Agency under article 46(1) (removal of vessels) may, within 21 days of service of the notice, serve a counter-notice on the Agency disputing the notice and stating that—

• (a) the vessel is not sunk, stranded, abandoned, or without lawful authority left or moored, in the river area; or

• (b) there has been some informality, defect or error in, or in connection with, the notice.

• (2) Any dispute under this article is to be determined in accordance with article 68 (arbitration).

• (3) On the hearing of the dispute the arbitrator may confirm or set aside the notice.

• (4) If and in so far as a dispute under this article is based on the ground of some informality, defect or error in, or in connection with, the notice, the arbitrator must dismiss the dispute if the arbitrator is satisfied that the informality, defect or error was not a material one.

Removal of obstructions other than vessels

48

• (1) This article applies to anything, other than a vessel, causing an obstruction or impediment to the navigation or use of the river area (in this article and article 49 (arbitration in respect of removal of obstructions other than vessels) referred to as an “obstruction”) and which the owner of the obstruction, or the owner or occupier of the land on which the obstruction is situated, as the case may be, caused or knowingly permitted to become or remain an obstruction.

• (2) Subject to paragraph (3), the Agency may after giving not less than 21 days’ written notice to the owner of an obstruction or, if the owner is not known, the owner or occupier of any land on which the obstruction is situated, require the owner or occupier to mark, modify or remove the obstruction.

• (3) Without prejudice to article 50 (emergency powers and consents), the power conferred by paragraph (2) is not exercisable if—

• (a) it is within the powers of the Harbour Authority to deal with the obstruction and the Harbour Authority decides to do so; and

• (b) the Agency, having given not less than 14 days’ notice to the Harbour Authority, is informed by the Harbour Authority within that time that the Harbour Authority intends to act and the Harbour Authority subsequently does act within 14 days of informing the Agency of its intention to do so.

• (4) If a person to whom a notice was given pursuant to paragraph (2) fails to take any action specified by the Agency in that notice the Agency may take that action and recover the reasonable costs of doing so from that person.

• (5) In any proceedings by the Agency against any person under paragraph (2) for the recovery of costs which the Agency is entitled to recover under paragraph (4), it is not open to that person to raise any question which could have been raised on a referral to arbitration under article 49 (arbitration in respect of removal of obstructions other than vessels).

• (6) If an obstruction removed by the Agency under this article is so marked as to be readily identifiable as the property of any person, the Agency must within one month of its coming into the Agency’s custody give written notice to that person and, if possession of the thing is not retaken within the period specified in, and in accordance with the terms of, the notice, it vests in the Agency at the end of that period.

• (7) A notice given under paragraph (6) must specify the thing removed and state that, upon proof of ownership to the reasonable satisfaction of the Agency and payment of the reasonable costs of the raising, removal and storage of the thing, possession may be retaken at the place named in the notice within the time specified in the notice, being not less than 14 days after the date when the notice is served.

• (8) If an obstruction removed by the Agency under this article, which is not marked as described in paragraph (6), is not within 3 months of its coming into the custody of the Agency proved to the Agency’s reasonable satisfaction to belong to any person, it vests in the Agency.

• (9) The Agency may at such time and in such manner as it thinks fit dispose of anything referred to in paragraph (8) which is of a perishable nature or the custody of which involves unreasonable expense or inconvenience even if at the time it has not vested in the Agency under this article, and if it is sold the proceeds of sale must be applied by the Agency in payment of the expenses incurred by it under this article in relation to the thing, and any balance is—

• (a) to be paid to any person who, within 3 months from the time when the thing came into the custody of the Agency, proves to the reasonable satisfaction of the Agency that the person was the owner of the thing at that time, or

• (b) otherwise, to vest in the Agency.

• (10) If an obstruction removed by the Agency under this article—

• (a) is sold by the Agency and the proceeds of sale are insufficient to reimburse it for the amount of the expenses incurred by it in the exercise of its powers of removal, or

• (b) is unsaleable,

the Agency may recover the deficiency or the whole of the expenses, as the case may be, from the person who was the owner of the item removed at the time of its abandonment or loss, if that person caused or knowingly permitted the obstruction to be there.

• (11) In paragraph (1), reference to anything causing an obstruction or impediment to the navigation or use of the river area is a reference to anything causing an obstruction or impediment to a vessel of a size customarily navigated or used in that area.

Arbitration in respect of removal of obstructions other than vessels

49

• (1) Any person served by the Agency with a notice under article 48 (removal of obstructions other than vessels) may, within 21 days of being served, serve a counter-notice on the Agency disputing the notice on any of the following grounds—

• (a) that the item the Agency required to be marked, removed or modified is not an obstruction,

• (b) that the item required to be marked, removed or modified is an obstruction which has occurred naturally and that to mark, remove or modify it is unreasonable,

• (c) where the requirement is to remove the obstruction, that it would be adequate in all the circumstances of the case to mark or modify the obstruction, or

• (d) where the requirement is to modify the obstruction, that it would be adequate in all the circumstances of the case to mark the obstruction.

• (2) Any dispute under this article is to be determined in accordance with article 68 (arbitration).

• (3) On the hearing of a dispute under this article the arbitrator may confirm, vary or set aside the requirement of the notice, as the case may be.

Emergency powers and consents

50

The Agency’s powers under articles 46 (removal of vessels) and 48 (removal of obstructions other than vessels) may be exercised by the Agency in an emergency without prior notice to the owner or Harbour Authority provided that the Harbour Authority is informed of the action as soon as possible afterwards.

Byelaws

Byelaws

51

• (1) In addition to its powers to make byelaws under any other enactment, the Agency may make byelaws in relation to the navigation and use of the river area, and for its good management in connection with such navigation and use.

• (2) In particular, byelaws under paragraph (1) may be made for all or any of the following purposes—

• (a) for prohibiting or regulating recreational activities;

• (b) for regulating navigation and for the prevention of obstruction to navigation;

• (c) for regulating the speed and movement of vessels;

• (d) for securing the safety of vessels and persons using the scheduled works and of their property, and any property situated within the Order limits;

• (e) for regulating the passage of vessels, or any class of vessels, beneath a vertical lift gate or over or through other structures, works or apparatus, either generally or in circumstances prescribed by the byelaws;

• (f) for preventing swimming;

• (g) regarding the conduct of—

• (i) all persons passing or seeking to pass over the foot and cycle bridge;

• (ii) all vessels navigating or seeking to navigate beneath a vertical lift gate or otherwise navigating within the river area.

• (3) Nothing in any byelaw made under this article applies to anything done by the Harbour Authority in the exercise of any of its statutory functions and the byelaws of the Harbour Authority are unaffected by any byelaw made under this article.

• (4) Byelaws under this article may provide for it to be an offence for a person to contravene, or to fail to comply with, a provision of the byelaws and for such a person to be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (5) The byelaws contained in Schedule 7 (Bridgwater Tidal Barrier Byelaws)—

• (a) are, on the date this Order comes into force, to be treated as byelaws made by the Agency under paragraph (1) and subsequently confirmed by the Secretary of State,

• (b) take effect on the earlier of the date the foot and cycle bridge is first opened for permissive public use or the date on which the barrier first becomes operational, and

• (c) continue to have effect until such time as they are amended or revoked by further byelaws made by the Agency under paragraph (1).

• (6) The provisions of sections 236(3) to (8) and (11) and 238 of the Local Government Act 1972[^f00062] (which relates to the procedure for making, and evidence of, byelaws) apply to any byelaws made by the Agency under this article.

• (7) In its application to byelaws made under this article by the Agency, section 236 of the Local Government Act 1972 has effect as if—

• (a) a reference to “the confirming authority” were a reference to the Secretary of State;

• (b) in subsection (7), after “confirm” in the first place it occurs, “with or without modification” were inserted.

• (8) The Secretary of State may charge the Agency a reasonable fee for the purpose of defraying any administrative expenses incurred by the Secretary of State in respect of byelaws made under this article which are submitted to the Secretary of State for confirmation.

• (9) Where in relation to any byelaws submitted to the Secretary of State for confirmation the Secretary of State proposes to make a modification which appears to the Secretary of State to be substantial the Secretary of State—

• (a) must inform the Agency and require it to take any steps the Secretary of State considers necessary for informing persons likely to be concerned with the modification, and

• (b) must not confirm the byelaws until such period has elapsed as the Secretary of State thinks reasonable for consideration of, and comment upon, the proposed modification by the Agency and by other persons who have been informed of it.

• (10) Byelaws made under this article are enforceable by the Agency or any authorised person.

• (11) In sub-paragraph (2)(a), “recreational activities” does not include navigation for recreational purposes.

PART 6 — PROTECTIVE PROVISIONS

Statutory undertakers, etc.

52

Schedule 8 (statutory undertakers, etc.) has effect.

Protective Provisions

53

Schedule 9 (protection for electricity, gas, water and sewerage undertakers) and Schedule 10 (protection of Port of Bridgwater) have effect.

Saving for Trinity House

54

Nothing in this Order prejudices or derogates from any of the powers, rights or privileges, or the jurisdiction or authority, of Trinity House.

Crown rights

55

• (1) Nothing in this Order affects prejudicially any estate, right, power, privilege or exemption of the Crown and in particular, nothing in this Order authorises the Agency or any other person—

• (a) to use, enter upon or in any manner interfere with any land or rights of any description (including any part of the shore or bed of the sea or any river, channel, creek, bay or estuary)—

• (i) belonging to Her Majesty in right of the Crown and forming part of the Crown Estate without the consent in writing of the Crown Estate Commissioners;

• (ii) belonging to Her Majesty in right of the Crown and not forming part of the Crown Estate without the consent in writing of the government department having the management of that land; or

• (iii) belonging to a government department or held in trust for Her Majesty for the purposes of a government department without the consent in writing of that government department; and

• (b) to exercise any right under this Order compulsorily to acquire an interest in any land which is Crown land which is for the time being held otherwise than by or on behalf of the Crown without the consent in writing of the appropriate Crown authority.

• (2) Consent under paragraph (1) of this article may be given unconditionally or subject to such terms or conditions as are considered necessary or appropriate and is deemed to have been given in writing where it is sent electronically.

Minerals

56

Nothing in this Order affects the rights of any person entitled to any mine or minerals of any description whatsoever under a street or other land in, on, or adjacent to which the authorised works are constructed to work the mine or get the minerals but this does not affect any liability (whether civil or criminal) of the person so entitled in respect of any damage to the authorised works resulting from the exercise of any such rights.

PART 7 — MISCELLANEOUS AND GENERAL

Temporary traffic regulation

57

• (1) Subject to the provisions of this article, the Agency may, at any time in so far as is necessary or expedient for the purposes of or in connection with construction of the authorised works either at all times or at times, on days or during such periods as may be specified by the Agency —

• (a) make provision as to the direction or priority of vehicular traffic and pedestrians on those roads specified in column (1) of Schedule 11 (temporary traffic regulation) between the points specified in column (2), for the purposes specified in column (3);

• (b) without limiting the scope of the specific powers conferred by sub-paragraph (a)—

• (i) revoke, amend or suspend in whole or in part any order made, or having effect as if made, under the 1984 Act;

• (ii) permit, prohibit or restrict the stopping, waiting, loading or unloading of vehicles on any road;

• (iii) suspend or authorise the use as a parking place of any road;

• (iv) make provision as to the direction or priority of vehicular traffic on any road;

• (v) permit or prohibit vehicular access to any road,

• (2) The powers conferred by paragraph (1)(b) may only be exercised after the Agency has—

• (a) consulted the chief officer of police, the traffic authority and such other persons as it considers necessary and appropriate,

• (b) taken into consideration any representations made to it by any such persons consulted, and

• (c) obtained the consent of the traffic authority in whose area the road concerned is situated (which must not be unreasonably withheld).

• (3) The Agency must not exercise the powers conferred by this article in relation to any road unless it has—

• (a) given not less than 4 weeks’ notice in writing of its intention to do so to the chief officer of police and to the traffic authority in whose area the road is situated; and

• (b) advertised its intention in such manner as the traffic authority may, within 7 days of its receipt of notice of the Agency’s intention, specify in writing.

• (4) Any prohibition, suspension or other provision made by the Agency under paragraph (1) has effect as if duly made by, as the case may be—

• (a) the traffic authority in whose area the road is situated, as a traffic regulation order under the 1984 Act, or

• (b) the local authority in whose area the road is situated, as an order under section 32 of the 1984 Act[^f00063] (power of local authorities to provide parking places),

and the instrument by which it is effected may specify savings and exemptions to which the prohibition, restriction or other provision is subject.

• (5) Any prohibition, restriction or other provision made under this article may be suspended, varied or revoked by the Agency from time to time by subsequent exercise of the powers conferred by paragraph (1).

• (6) Expressions used in this article and in the 1984 Act have the same meaning in this article as in that Act.

• (7) The powers conferred on the Agency by this article with respect to any road have effect subject to any agreement entered into by the Agency with any person with an interest in (or who undertakes activities in relation to) premises served by the road.

• (8) If a traffic authority which receives an application for consent under paragraph (2)(c) fails to notify the Agency of its decision before the end of the period of 28 days beginning with the date on which the application was made, that authority is deemed to have granted consent.

• (9) In this article, “the 1984 Act” means the Road and Traffic Regulation Act 1984[^f00064].

Power of disposal, agreements for operation, etc.

58

• (1) The Agency may, with the consent of the Secretary of State, sell, lease, charge or otherwise dispose of, on such terms and conditions as it thinks fit, the whole or any part of the authorised works and any land held in connection with them.

• (2) Without limitation on the scope of paragraph (1), the Agency may enter into and carry into effect agreements with respect to—

• (a) the construction, maintenance, use and operation of the authorised works, or any part or parts of them, by any other person,

• (b) other matters incidental or subsidiary to, or consequential on those matters, and

• (c) the defraying of, or the making of contributions towards, the costs of those matters by the Agency or any other person.

• (3) Any agreement under paragraph (2) may provide, amongst other things, for the exercise of the powers of the Agency in respect of the authorised works or any part of them and for the transfer to any person of the authorised works or any part of them together with the rights and obligations of the Agency in relation to them.

• (4) Where an agreement has been made by virtue of paragraph (2) references in this Order to the Agency include references to the transferee or the lessee.

• (5) The exercise of the powers conferred by any enactment by any person further to any sale, lease, charge or disposal under paragraph (1), or any agreement under paragraph (2), is subject to the same restrictions, liabilities and obligations as would apply under this Order if those powers were exercised by the Agency.

• (6) The Agency must not under this article sell, lease, charge or otherwise dispose of, any rights conferred by article 51 (byelaws).

Obstructing execution of Order

59

Any person who, without reasonable excuse—

• (a) obstructs any person acting under the authority of the Agency in—

• (i) constructing or maintaining any authorised work, or

• (ii) exercising powers under article 23 (power to survey and investigate land, etc.), or

• (b) interferes with, moves or removes any apparatus belonging to any person acting under the authority of the Agency

is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Defence of due diligence

60

• (1) In proceedings for an offence under Part 3 (provisions relating to tidal works), it is a defence for the Agency to prove that it took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

• (2) If in any case the defence provided under paragraph (1) involves the allegation that the commission of the offence was due to the act or default of another person, the Agency must not, without leave of the court, be entitled to rely on that defence unless, not less than 7 clear days before the hearing, it has served on the prosecutor a notice in writing giving such information as was then in its possession, identifying or assisting in the identification of, that other person.

Application of landlord and tenant law

61

• (1) This article applies to any agreement for leasing to any person the whole or any part of the authorised works or the right to operate those works, and any agreements entered into by the Agency with any person for the construction, maintenance, use or operation of the authorised works, or any part of them, so far as any such agreement relates to the terms on which any land which is the subject of a lease granted by or under that agreement is to be provided for that person’s use.

• (2) No enactment or rule of law regulating the rights and obligations of landlords and tenants prejudices the operation of any agreement to which this article applies.

• (3) No such enactment or rule of law applies in relation to the rights and obligations of the parties to any lease granted by or under any such agreement so as to—

• (a) exclude or in any respect modify any of the rights and obligations of those parties under the terms of the lease, whether with respect to termination of the tenancy or any other matter;

• (b) confer or impose on any such party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease;

• (c) restrict the enforcement (whether by action for damages or otherwise) by any party to the lease of any obligation of any other party under the lease.

Defence to proceedings in respect of statutory nuisance

62

• (1) Where proceedings are brought under section 82(1) of the Environmental Protection Act 1990[^f00065] (summary proceedings by persons aggrieved by statutory nuisances) in relation to a nuisance falling within section 79(1)(g) of that Act[^f00066] (noise emitted from premises so as to be prejudicial to health or a nuisance) no order may be made, and no fine may be imposed, under section 82(2) of that Act if the defendant shows—

• (a) that the nuisance relates to premises used by the Agency for the purposes of or in connection with the exercise of powers conferred by this Order with respect to the authorised works and that the nuisance is attributable to the carrying out of the authorised works which are being carried out in accordance with a notice served under section 60 of the Control of Pollution Act 1974[^f00067] (control of noise on construction sites), or a consent given under section 61 of that Act[^f00068] (prior consent for work on construction sites), or

• (b) that the nuisance is a consequence of the operation of the authorised works and that it cannot reasonably be avoided.

• (2) Section 61(9) of the Control of Pollution Act 1974 (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990) does not apply where the consent relates to the use of premises by the Agency for the purposes of or in connection with the exercise of powers conferred by this Order with respect to works.

Disclosure of confidential information

63

• (1) A person who—

• (a) enters a factory, workshop or workplace under the provisions of article 21 (protective works) or article 23 (power to survey and investigate land, etc.), and

• (b) discloses to any person any information obtained as a result of that entry and relating to any manufacturing process or trade secret,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (2) Paragraph (1) does not apply to disclosure made in the course of a person’s performance of a duty in connection with the purposes for which the person was authorised to enter the land.

Disapplication of legislation

64

• (1) The provisions of the Neighbourhood Planning Act 2017[^f00069], insofar as they relate to temporary possession of land under articles 37 (temporary possession of land for construction purposes) and 38 (temporary possession of land for maintenance of works), do not apply in relation to—

• (a) the construction of any work;

• (b) the carrying out of any operation required for the purpose of, or in connection with, the construction of the authorised works;

• (c) within the maintenance period defined in article 38(11), any maintenance of any part of the authorised works;

• (2) Section 23 of the Land Drainage Act 1991[^f00070] (prohibition on obstructions etc in watercourses) and any byelaws made under the Land Drainage Act 1991 or the Water Resources Act 1991 do not apply to anything done under or in pursuance of this Order.

Local legislation

65

• (1) The following do not apply to the extent that they are inconsistent with a provision of, or a power conferred by, this Order—

• (a) any provision of the local enactments specified in Part 1 (local enactments) of Schedule 12 (local legislation);

• (b) any byelaws or other provisions made under any of those enactments;

• (c) the local byelaws specified in Part 2 (byelaws) of that Schedule.

• (2) For the purpose of paragraph (1) a provision is inconsistent with the exercise of a power conferred by this Order if and to the extent that (in particular)—

• (a) it would make it an offence to take action, or not to take action, in pursuance of a power conferred by this Order,

• (b) action taken in pursuance of a power conferred by this Order would cause the provision to apply so as to enable a person to require the taking of remedial or other action or so as to enable remedial or other action to be taken, or

• (c) action taken in pursuance of a power or duty under the provisions would or might interfere with the exercise of any work authorised by this Order.

• (3) Where any person notifies the Agency in writing that anything done or proposed to be done by the Agency by virtue of this Order would amount to a contravention of a statutory provision of local application, the Agency must as soon as reasonably practicable, and, at any rate within 14 days of receipt of the notice, respond in writing setting out—

• (a) whether the Agency agrees that the action taken or proposed to does or would contravene the provision of local application,

• (b) if the Agency does agree, the grounds (if any) on which the Agency believes that the provision is excluded by this article, and

• (c) the extent of that exclusion.

Application of Water Resources Act 1991

66

• (1) In so far as the Agency might enter into an agreement with owners of land or others in relation to the construction, operation and maintenance of the authorised works, the Agency may do so as though it was acting pursuant to section 158 of the Water Resources Act 1991 in any case to which paragraph (2) applies.

• (2) This paragraph applies where an agreement entered into between the Agency and owners of land or others—

• (a) relates to the construction, operation or maintenance of the authorised works; and

• (b) expressly states that—

• (i) it is being entered into pursuant to this article, and

• (ii) it is the agreed intention of the parties that the agreement is being entered into pursuant to section 158 of the Water Resources Act 1991.

• (3) Section 158 of the Water Resources Act 1991 applies to agreements entered into pursuant to this article notwithstanding the absence, in section 158(1)(a), of any reference to the Agency’s functions under Part 4 of that Act (flood defence).

Certification of plans etc.

67

• (1) The Agency must, as soon as practicable after the making of this Order, submit copies of the book of reference, the sections, the land plans, the public rights of way plans and the works plans to the Secretary of State for certification that they are respectively true copies of the book of reference, sections and plans referred to in this Order; and a document so certified is admissible in any proceedings as evidence of the contents of the document of which it is a copy.

• (2) In paragraph (1), “the book of reference” means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order.

Arbitration

68

Unless otherwise provided in this Order, any difference under any provision of this Order is to be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) by the President of the Law Society.

No double recovery

69

Compensation is not payable in respect of the same matter both under this Order and any other enactment, any contract or any rule of law, or under two or more different provisions of this Order.

Service of notices

70

• (1) A notice or other document required or authorised to be served for the purposes of this Order may be served—

• (a) by post, or

• (b) with the consent of the recipient and subject to paragraphs (6) to (8), by electronic transmission.

• (2) Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.

• (3) For the purposes of section 7 of the Interpretation Act 1978[^f00071] (references to service by post) as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address, and otherwise—

• (a) in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and

• (b) in any other case, that person’s last known address at the time of service.

• (4) Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and the name or address of that person cannot be ascertained after reasonable enquiry, the notice may be served by—

• (a) addressing it to that person by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it), and

• (b) either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.

• (5) Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission the requirement is fulfilled where the recipient of the notice or other document has given consent to the use of electronic transmission either in writing or by electronic transmission.

• (6) Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within 7 days of receipt that the recipient requires a paper copy of all or any part of that notice or other document, the sender must provide such a copy as soon as reasonably practicable.

• (7) Any consent to the use of electronic communication given by a person may be revoked by that person in accordance with paragraph (8).

• (8) Where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this Order—

• (a) that person must give notice in writing or by electronic transmission revoking any consent given by that person for that purpose, and

• (b) such revocation is final and takes effect on a date specified by the person in the notice but that date must not be less than 7 days after the date on which the notice is given.

• (9) This article does not exclude the employment of any method of service not expressly provided for by it.

SCHEDULE 1 — SCHEDULED WORKS

In the District of Sedgemoor, Somerset

Work No.1A — A barrier, with twin vertical lift gates, across the river Parrett, at a location adjacent to the western boundary of the existing business park known as Express Park, situated to the north of Bridgwater, Somerset. Work No.1A provides a retained channel width (total across the two gate openings) of 30 metres within the river Parrett. Work No.1A includes scour protection, ramped access to the barrier, a cross bridge providing operational access above the gates, and a separate foot and cycle bridge across the watercourse.

Work No.1B — A new surfaced access track, 690 metres in length, commencing at a location situated 390 metres along the unnamed road to the south of Saltlands former landfill site, measured from the junction of that road with the A39 Western Way, and terminating at a point 90 metres north of the junction between footpaths BW10/16 and BW10/12.

Work No.1C — A building for control and associated purposes in relation to Work No.1A, located on the southern boundary of the existing business park known as Express Park and adjacent to the barrier comprised within Work No.1A. Work No.1C includes a hard standing area surrounding the building to provide access and parking, perimeter fencing, and two storage buildings.

Work No.1D — A new surfaced access road, 200 metres in length and commencing at the mini roundabout to the south west of Bridgwater Police Centre car park and terminating at Work No.1C. Work No.1D includes ramped access to Work No.1C and perimeter fencing.

Work No.2A — Raising of an existing flood defence embankment running along the west bank of the river Parrett, 350 metres in length, commencing at a location situated to the immediate north of the barrier site and terminating at the commencement of Work No.2B. Work No.2A includes fencing and a new ramp to provide access to an existing public right of way.

Work No.2B — Works to upgrade the existing outfall structure at Pim’s Clyce, which is located on the west bank of the river Parrett, where that river connects to Wildmarsh Rhyne, to raise the crest level, including new sheet piled retaining walls and infill. Work No.2B includes new fencing and raised access.

Work No.2C — Raising of an existing flood defence embankment running along the west bank of the river Parrett, 450 metres in length, commencing at a location situated 45 metres northwards of Pim’s Clyce and terminating at a point 410 metres east south east of Lower Lakes. Work No.2C includes fencing and a new ramp to provide access to an existing public right of way.

Work No.2D — A new flood defence embankment, 310 metres in length, commencing at the termination of Work No.2C and terminating at a point 380 metres east north east of Lower Lakes. Work No.2D includes one new ramp providing access to adjacent fields and an existing access track.

Work No.2E — A new flood defence embankment, 650 metres in length, commencing at the termination of Work No.2D and terminating on the eastern boundary of the existing public highway known as Straight Drove, at a location 265 metres north west of its junction with Middle Drove. Work No.2E includes an access track, running alongside the new embankment, a field drainage ditch, four new ramps providing access to adjacent fields and one culvert with a flap valve.

Work No.2F — Raising the surface level of the existing public highway known as Straight Drove, across a stretch of highway 40 metres in length and situated between Works Nos. 2E and 2G. Work No.2F includes diversions to existing field drainage ditches.

Work No.2G — A new flood defence embankment, 1645 metres in length, commencing on the western boundary of Straight Drove, at a location adjacent to Work No.2F and terminating at a point 270 metres north west of Perry Wood Farm. Work No.2G includes fencing, tree protection works, five culverts with flow control structures, and nine new ramps providing access to adjacent fields.

Work No.2H — A new flood defence embankment, 545 metres in length, including sheet pile cut-off on the crest centreline, commencing at the termination of Work No.2G and terminating at the unnamed road 80 metres south of Perry Wood Farm. Work No.2H includes lengths of toe drainage, two culverts with flap valves and four new ramps providing access to adjacent fields.

Work No.3A — Raising of an existing flood defence embankment running along the east bank of the river Parrett, 380 metres in length, commencing at a location 20 metres north west of Walpole Clyce and terminating at a point 155 metres south east of Brick Yard Clyce. Work No.3A includes fencing and a new ramp providing access to the existing flood defence situated upstream of Walpole Clyce.

Work No.3B —Raising of an existing flood defence embankment running along the east bank of the river Parrett, 70 metres in length, commencing at the termination of Work No.3A and terminating at a point 90 metres south east of Brick Yard Clyce. Work No.3B incorporates a 22 metre length of box gabion wall to the landward toe of the raised embankment. Work No.3B also includes new fencing and a new ramp providing access to the raised embankment.

Work No.3C — A replacement flood wall, comprised in reinforced concrete and glass panels, 85 metres in length, situated between Works Nos. 3B and 3D.

Work No.3D — Reinforcement of an existing flood defence embankment running along the east bank of the river Parrett, 430 metres in length, commencing at Brick Yard Clyce and terminating at a point 430 metres north west of Brick Yard Clyce. Work No.3D includes works to reinforce the existing embankment over the outfall structure known as Brick Yard Clyce, four new ramps providing access to adjacent fields, fencing, and the replacement of existing drainage.

Work No.3E — A new flood defence embankment, 300 metres in length, commencing at the termination of Work No.3D and terminating at a location situated 450 metres south west of Pawlett. Work No.3E includes fencing, two new ramps providing access to adjacent fields and works to infill an existing dry pond.

Work No.4A — Raising of an existing flood defence embankment running along the west bank of the river Parrett, 920 metres in length, commencing at a location situated 1,000 metres south east of Combwich and terminating at a point 120 metres south east of Combwich Wharf. Work No.4A includes works to extend an existing culvert beneath the embankment at Tuckett’s Clyce, fencing and three new ramps providing access to adjacent fields.

Work No.4B — A new flood defence embankment, 800 metres in length, commencing at a location situated 200 metres south east of Putnell Farm and terminating at Work No.4A at a location situated 475 metres north west of the commencement point of Work No.4A. Work No.4B includes two culverts with manual penstocks.

Work No.4C — Reinforcement of existing flood defences, constructed along the alignment of the existing flood defence embankment, commencing at the termination of Work No.4A and terminating at Combwich Wharf.

Work No.5A — A borrow pit, not greater than 3900 square metres in area to provide fill material for the embankments, at a location situated 330 metres east of Sutton’s Pond Nature Reserve.

Work No.5B — A borrow pit, not greater than 16000 square metres in area, providing fill material for the embankments, at a location situated 200 metres south east of Lower Lakes.

Work No.5C — A borrow pit, not greater than 75300 square metres in area, providing fill material for the embankments, at a location situated 330 metres east of Lower Lakes.

Work No.5D — A borrow pit, not greater than 1800 square metres in area, providing fill material for the embankments, at a location situated 230 metres east north east of Lower Lakes.

Work No.5E — A borrow pit, not greater than 60000 square metres in area, providing fill material for the embankments, at a location situated 600 metres north east of Perry Wood Farm.

Work No.5F — A borrow pit, not greater than 36000 square metres in area, providing fill material for the embankments, at a location situated 70 metres east of Walpole Clyce.

Work No.5G — A borrow pit, not greater than 68000 square metres in area, providing fill material for the embankments, at a location situated 130 metres east of Fenlyn’s Clyce.

Work No.6A — Repairs to an existing masonry wall, 15 metres in length, commencing opposite the junction between Harbour View and Riverside and terminating at 30 metres north west of Combwich Pill Sluice. Work No.6A includes the erection of two spiked barriers.

Work No.6B — Raising of low spots, along an 85 metre length of existing flood defence embankment commencing at Combwich Pill Sluice and terminating at a point 55 metres south west of Combwich Wharf.

Work No.6C — Raising of low spots, along a 55 metre length of existing flood defence embankment commencing at a point 45 metres north east of the junction between Riverside and Martyn Close and terminating at a point 70 metres south west of the junction between Riverview and Riverside.

Work No.6D — Raising of low spots, along a 160 metre length of existing flood defence embankment commencing at a point 50 metres east south east of the junction between Riverview and Riverside and terminating at a point 50 metres north east of the junction between Ship Lane and Riverside.

Work No.7A — Installation of new navigation signage and associated infrastructure at a location on the east bank of the river Parrett at a location situated immediately to the south west of Dunball Sluice.

Work No.7B — Installation of new navigation signage and associated infrastructure at a location on the west bank of the river Parrett at a location situated immediately northwards of Bridgwater Docks.

In the District of South Somerset, Somerset

Work No.8A — Eel passage improvements at Ablake Weir to provide mitigation for the operation of the barrier forming part of Work No.1A. Work No.8A includes replacement of the existing side wall of the existing Weir with a reinforced concrete structure incorporating a gravity eel pass in the river Yeo.

Work No.8B — Eel passage improvements at Ham Weir to provide mitigation for the operation of the barrier forming part of Work No.1A. Work No.8B includes the addition of eel stud tiles to the existing weir face and minor modifications to the weir in the river Parrett.

Work No.8C — Eel passage improvement at Long Load Sluice to provide mitigation for the operation of the barrier forming part of Work No.1A. Work No.8C includes replacement of a section of the existing river wall with a reinforced concrete structure incorporating a gravity eel pass in the river Yeo.

Work No.8D — Eel passage improvements at Monk’s Leaze Clyse to provide mitigation for the operation of the barrier forming part of Work No.1A. Work No.8D includes installation of a pumped eel pass installed within the existing sluice structure between the river Parrett and the river Sowy.

Work No.8E — Eel passage improvements at Midelney Pumping Station to provide mitigation for the operation of the barrier forming part of Work No.1A. Work No.8E includes replacement of the existing side wall with a reinforced concrete structure incorporating a gravity eel pass in the River Isle.

Work No.8F — Eel passage improvements at Thorney Mill Sluices to provide mitigation for the operation of the barrier forming part of Work No.1A. Work No.8F includes installation of an eel bristle trough fixed to the existing channel side wall and minor modifications to the weir crest to allow installation of the trough within the river Parrett.

Work No.8G — Eel passage improvements at Witcombe Bottom Tilting Weir to provide mitigation for the operation of the barrier forming part of Work No.1A. Work No.8G includes the installation of an eel bristle trough on the existing weir between the river Yeo and the Witcombe Bottom Main Drain.

In the District of Somerset West and Taunton, Somerset

Work No.8H — Fish passage improvements at Bishop’s Hull Gauging Station to provide mitigation for the operation of the barrier forming part of Work No.1A. Work No.8H includes lowering the right third of the weir crest to improve fish passage and installation of gravity feed eel tiles on the existing river wall of the River Tone.

Work No.8I — Fish passage improvements at Bradford-on-Tone Weir to provide mitigation for the operation of the barrier forming part of Work No.1A. Work No.8I includes installation of a rock ramp fish pass in land adjacent to the bank of the River Tone.

Work No.8J — Fish passage improvements at Firepool Weir to provide mitigation for the operation of the barrier forming part of Work No.1A. Work No.8J includes replacement of timber stop boards in the existing fish pass with new boards with curved notches and installation of a new gravity eel pass in the side wall of the existing fish pass on the River Tone.

Work No.8K — Fish passage improvements at French Weir to provide mitigation for the operation of the barrier forming part of Work No.1A. Work No.8K includes replacement of timber stop boards in the existing fish pass with new boards with curved notches, installation of a new gravity eel pass in the side wall of the existing fish pass and installation of a debris deflector at the fish pass exit within the River Tone.

Work No.8L — Fish passage improvements at Longaller Weir to provide mitigation for the operation of the barrier forming part of Work No.1A. Work No.8L includes the installation of an eel board onto the weir face, construction of a rock pre-barrage around the base of the existing fish pass and modifications to the weir crest and face within the River Tone.

SCHEDULE 2 — STREETS TO BE TEMPORARILY STOPPED UP

(1) Area	(2) Street to be temporarily stopped up	(3) Extent of temporary stopping up
In the District of Sedgemoor, Somerset	Public Footpath B/W 10/16	Footpath stopped up to all traffic between points marked ‘D’ and ‘I’ on sheet 1 of the public rights of way plans.
In the District of Sedgemoor, Somerset	Public Footpath B/W 10/7	Footpath stopped up to all traffic between points marked ‘B’ and ‘C’ on sheet 1 of the public rights of way plans.
In the District of Sedgemoor, Somerset	Coastal Footpath ECP	Coastal Footpath stopped up to all traffic between points marked ‘F’ and ‘G’ on sheet 1 of the public rights of way plans.
In the District of Sedgemoor, Somerset	Public Footpath B/W 10/12	Footpath stopped up to all traffic between points marked ‘B’ on sheet 1 of the public rights of way plans and ‘B’ on sheet 2 of the public rights of way plans.
In the District of Sedgemoor, Somerset	Coastal Footpath ECP	Coastal Footpath stopped up to all traffic between points marked ‘B’ on sheet 1 of the public rights of way plans and ‘B’ on sheet 2 of the public rights of way plans.
In the District of Sedgemoor, Somerset	Public Footpath B/W 10/9	Footpath stopped up to all traffic between points marked ‘A’ and ‘G’ on sheet 2 of the public rights of way plans.
In the District of Sedgemoor, Somerset	Public Footpath B/W 10/10	Footpath stopped up to all traffic between points marked ‘C’ and ‘D’ on sheet 2 of the public rights of way plans.
In the District of Sedgemoor, Somerset	Straight Drove (in part)	Street stopped up to all traffic between points marked ‘F’ and ‘E’ on sheet 2 of the public rights of way plans.
In the District of Sedgemoor, Somerset	Public Footpath B/W 34/36	Footpath stopped up to all traffic between points marked ‘A’ and ‘C’ and points marked ‘D’ and ‘B’ on sheet 3 of the public rights of way plans.
In the District of Sedgemoor, Somerset	Public Footpath B/W 27/12	Footpath stopped up to all traffic between points marked ‘A’ and ‘B’ on sheet 4 of the public rights of way plans.
In the District of Sedgemoor, Somerset	Coastal Footpath ECP	Coastal Footpath stopped up to all traffic between points marked ‘A’ and ‘B’ on sheet 4 of the public rights of way plans.
In the District of Sedgemoor, Somerset	Public Footpath B/W 27/4	Footpath stopped up to all traffic between points marked ‘D’ and ‘E’ and ‘F’ and ‘C’ on sheet 4 of the public rights of way plans.
In the District of Sedgemoor, Somerset	Public Footpath B/W 5/4	Footpath stopped up to all traffic between points marked ‘A’ on sheet 5 of the public rights of way plans and ‘C’ on sheet 6 of the public rights of way plans.
In the District of Sedgemoor, Somerset	Coastal Footpath ECP	Coastal Footpath stopped up to all traffic between points marked ‘A’ on sheet 5 and ‘B’ on sheet 6 of the public rights of way plans.
In the District of Sedgemoor, Somerset	Public Footpath B/W 25/31	Footpath stopped up to all traffic between points marked ‘C’ and ‘B’ on sheet 6 of the public rights of way plans.
In the District of South Somerset, Somerset	Public Footpath L13/6	Footpath stopped up to all traffic between points marked ‘A’ and ‘B’ on sheet 7 of the public rights of way plans.
In the District of South Somerset, Somerset	Public Footpath Y13/2	Footpath stopped up to all traffic between points marked ‘A’ and ‘C’ on sheet 8 of the public rights of way plans.
In the District of South Somerset, Somerset	Public Footpath L21/4	Footpath stopped up to all traffic between points marked ‘C’ and ‘B’ on sheet 8 of the public rights of way plans.
In the District of South Somerset, Somerset	Public Footpath L1/3	Footpath stopped up to all traffic between points marked ‘A’ and ‘B’ on sheet 9 of the public rights of way plans.
In the District of South Somerset, Somerset	Public Footpath L10/19	Footpath stopped up to all traffic between points marked ‘A’ and ‘C’ on sheet 10 of the public rights of way plans.
In the District of South Somerset, Somerset	Public Footpath L17/10	Footpath stopped up to all traffic between points marked ‘D’ and ‘B’ on sheet 10 of the public rights of way plans.
In the District of South Somerset, Somerset	Public Footpath L17/38	Footpath stopped up to all traffic between points marked ‘A’ and ‘B’ on sheet 11 of the public rights of way plans.
In the District of South Somerset, Somerset	Public Footpath Y13/3	Footpath stopped up to all traffic between points marked ‘A’ and ‘B’ on sheet 12 of the public rights of way plans.
In the District of Somerset West and Taunton, Somerset	Public Footpath WG3/17	Footpath stopped up to all traffic between points marked ‘A’ and ‘B’ on sheet 13 of the public rights of way plans.
In the District of Somerset West and Taunton, Somerset	Public Bridleway T33/21	Footpath stopped up to all traffic between points marked ‘A’ and ‘B’ on sheet 14 of the public rights of way plans.
In the District of Somerset West and Taunton, Somerset	Public Footpath T33/22	Footpath stopped up to all traffic between points marked ‘B’ and ‘C’ on sheet 14 of the public rights of way plans.
In the District of Somerset West and Taunton, Somerset	Public Bridleway T33/28	Footpath stopped up to all traffic between points marked ‘A’ and ‘B’ on sheet 15 of the public rights of way plans.
In the District of Somerset West and Taunton, Somerset	Public Footpath T33/28/1	Footpath stopped up to all traffic between points marked ‘C’ and ‘D’ on sheet 15 of the public rights of way plans.

SCHEDULE 3 — STREETS TO BE PERMANENTLY STOPPED UP

(1) Area	(2) Street affected	(3) Extent of stopping up	(4) New street to be substituted
In the District of Sedgemoor, Somerset	B/W 10/12	Footpath stopped up to all traffic between points marked ‘A’ and ‘B’ via point ‘H’ on sheet 1 of the public rights of way plans.	Temporary footpath during construction of the works, open to foot traffic only between points marked ‘A’ on sheet 1 and ‘B’ on sheet 2 via point ‘C’ on sheet 1 of the public rights of way plans. Permanent footpath open to foot traffic only following completion of the works between points marked ‘A’ and ‘B’ via points ‘K’, ‘D’ and ‘E’ on sheet 1 of the public rights of way plans.
In the District of Sedgemoor, Somerset	Coastal Footpath ECP	Footpath stopped up to all traffic between points marked ‘A’ and ‘B’ via point ‘H’ on sheet 1 of the public rights of way plans.	Temporary footpath during construction of the works, open to foot traffic only between points marked ‘A’ on sheet 1 and ‘B’ on sheet 2 via point ‘C’ on sheet 1 of the public rights of way plans. Permanent footpath open to foot traffic only following completion of the works between points marked ‘A’ and ‘B’ via points ‘K’, ‘D’ and ‘E’ on sheet 1 of the public rights of way plans.
In the District of Sedgemoor, Somerset	B/W 10/16	Footpath stopped up to all traffic between points marked ‘A’ and ‘D’ on sheet 1 of the public rights of way plans.	Temporary footpath during construction of the works, open to foot traffic only between points marked ‘A’ and ‘C’ on sheet 1 of the public rights of way plans. Permanent footpath open to foot traffic only following completion of the works between points marked ‘A’ and ‘D’ via point ‘K’ on sheet 1 of the public rights of way plans.
In the District of Sedgemoor, Somerset	B/W 34/36	Footpath stopped up to all traffic between points marked ‘C’ and ‘D’ on sheet 3 of the public rights of way plans.	Permanent footpath open to foot traffic only between points marked ‘C’ and ‘D’ via point ‘E’ on sheet 3 of the public rights of way plans.

SCHEDULE 4 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

Compensation enactments

1

The enactments for the time being in force with respect to compensation for the compulsory purchase of land apply, with the necessary modifications as respects compensation, in the case of a compulsory acquisition under this Order of a right by the creation of a new right and in the case of a restrictive covenant, as they apply as respects compensation on the compulsory purchase of land and interests in land.

2

• (1) Without limitation on the scope of paragraph 1, the 1961 Act has effect subject to the following modification.

• (2) For section 5A(5A) of the 1961 Act[^f00072] (relevant valuation date), substitute—

(5A) If— (a) the acquiring authority enters on land for the purpose of exercising a right in pursuance of a notice of entry under section 11(1) of the 1965 Act; (b) the acquiring authority is subsequently required by a determination under paragraph 13 of Schedule 2A to the 1965 Act (as substituted by paragraph 10 of Schedule 4 (modification of compensation and compulsory purchase enactments for creation of new rights) to the Bridgwater Tidal Barrier Order 2022) to acquire an interest in the land; and (c) the acquiring authority enters on and takes possession of that land, the authority is deemed for the purposes of subsection (3)(a) to have entered on that land where it entered on that land for the purpose of exercising that right.

3

• (1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973[^f00073] has effect subject to the modifications set out in sub-paragraph (2).

• (2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 of the 1965 Act (measure of compensation in case of severance) as substituted by paragraph 4—

• (a) for “land is acquired or taken” substitute “a right or restrictive covenant over land is purchased”;

• (b) for “acquired or taken from him” substitute “over which the right is exercisable or the restrictive covenant enforceable”.

Application of the 1965 Act

4

• (1) The 1965 Act has effect with the modifications necessary to make it apply to the compulsory acquisition under this Order of a right by the creation of a new right, or to the imposition under this Order of a restrictive covenant, as it applies to the compulsory acquisition under this Order 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 the restrictive covenant imposed or to be imposed, or

• (b) the land over which the right is or is to be exercisable or the restrictive covenant is or is to be enforceable.

• (2) Without limitation on the scope of sub-paragraph (1), Part 1 of the 1965 Act (compulsory purchase under Acquisition of Land Act of 1946) applies in relation to the compulsory acquisition under this Order of a right by the creation of a new right, or in relation to the imposition of a restrictive covenant, with the modifications specified in paragraphs 5 to 10.

5

For section 7 of the 1965 Act (measure of compensation in case of severance), substitute—

(7) In assessing the compensation to be paid by the acquiring authority under this Act, regard must be had not only to the extent (if any) to which the value of the land over which the right is to be acquired or the restrictive covenant to be imposed is depreciated by the acquisition of the right or the imposition of the restrictive covenant 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 the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.

6

The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land)—

• (a) section 9(4) (failure 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);

• (d) paragraph 2(3) and 7(2) of Schedule 4 (common land),

are modified so 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 or the restrictive covenant which is to be imposed is vested absolutely in the acquiring authority.

7

Section 11 of the 1965 Act (powers of entry) is modified so as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right or restrictive covenant, it has power, exercisable in the like circumstances and subject to the equivalent conditions, to enter for the purpose of exercising that right or enforcing that restrictive covenant (which is to be deemed for this purpose to have been created on the date of service of the notice); and section 12 of the 1965 Act[^f00074] (penalty for unauthorised entry) and section 13 of that Act (entry on warrant in the event of obstruction) are modified correspondingly.

8

Section 20 of the 1965 Act[^f00075] (protection for interests of tenants at will etc.) applies with the modifications necessary to secure that persons with such interests in land 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 this Order 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 or the enforcement of the restrictive covenant in question.

9

Section 22 of the 1965 Act (interests omitted from purchase) is modified so as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired, subject to compliance with that section as respects compensation.

10

For Schedule 2A of the 1965 Act substitute—