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The Anglian Water Authority (Cringle Brook) Water Order 1988

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Statutory Instruments

1988 No. 1591

WATER, ENGLAND AND WALES

The Anglian Water Authority (Cringle Brook) Water Order 1988

Made

31st August 1988

Coming into force

1st September 1988

The Secretary of State for the Environment, in exercise of powers conferred by sections 23, 32(1) and 59(1)(1) of the Water Act 1945(2) and now vested in him(3), and of all other powers enabling him in that behalf, hereby makes the following Order—

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Anglian Water Authority (Cringle Brook) Water Order 1988 and shall come into force on the 1st September 1988.

(2) This Order shall be included amongst the enactments which may be cited together as the Anglian Water Authority Orders 1974 to 1988.

(3) In this Order—

“the Authority” means the Anglian Water Authority;

“the deposited plan” means the plan prepared in duplicate, signed by an Under Secretary in the Department of the Environment and marked “Plan referred to in the Anglian Water Authority (Cringle Brook) Water Order 1988”, one duplicate of which is deposited and is available for inspection at the offices of the Authority’s Lincoln Division at Waterside House, Waterside North, Lincoln LN2 5HA and the other at the offices of the Secretary of State for the Environment;

“the Third Schedule” means the Third Schedule to the Water Act 1945;

“the undertaking” means the water undertaking of the Authority as for the time being authorised by any enactment.

Power to construct, continue and maintain works

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

(a)an intake works for the abstraction of water from the Cringle Brook;

(b)(in addition to the works authorised by section 4 of the Third Schedule as applied to the undertaking by this Order) all such additional wells, boreholes, adits and headings as may be necessary or expedient for augmenting, improving or maintaining the supply of water obtainable by means of the said boreholes.

Works to form part of the undertaking

3.  The works authorised by this Order shall for all purposes form part of the undertaking.

Application of certain provisions of the Third Schedule

4.  The provisions of the Third Schedule specified in column (1) of Schedule 2 to this Order shall, subject to the modification set out in column (2) thereof, apply to the undertaking and are hereby incorporated with this Order.

Signed by authority of the Secretary of State.

Dinah Nichols

An Under Secretary in the

Department of the Environment.

31st August 1988

SCHEDULE 1DESCRIPTION OF LAND

Land in the parish of Stoke Rochford in the District of South Kesteven in the county of Lincoln having a total area of 250 square metres or thereabouts adjacent to the Thunder Bridge Farm and forming part of enclosure number 2259 on the 1/2500 Ordnance Map Sheet SK 9229 and shown coloured red on the deposited plan.

SCHEDULE 2PROVISIONS OF THE THIRD SCHEDULE APPLIED

(1)(2)
Provisions appliedModifications
a

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

Section 4 (General power to construct subsidiary works)

(i)omit the words “and to any other provisions of the special Act limiting the powers of the undertakers to abstract water”.

(ii)for the words “any land for the time being held by them in connection with their water undertaking” substitute “the land described in Schedule 1 to the special Act”.

Section 6 (Penalty for obstructing construction of works)
Section 92 (Liability of undertakers to pay compensation)
Section 94a (copies of special Act to be kept by undertakers in their office, and deposited with certain officers)
(1)

See the definition of “Minister”.

(2)

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

(3)

S.I. 1951/142, 1900, 1970/1681.

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