Office of Public Sector Information
SCHEDULE 7 continued
(6) In sub-paragraph (5) above “notice of objection” means a notice in writing stating the objection of the statutory undertakers or licenceholder to the taking of the action of which notice has been given on the ground that it would be seriously detrimental to the carrying on of the statutory undertaking or the running of the telecommunication system.
(7) A person exercising in relation to a building which, or part of which, is owned or occupied by statutory undertakers or a relevant telecommunications licenceholder any of the powers conferred by sub-paragraph (1) above, and any person whom he has taken with him under sub-paragraph (3) above, shall comply with all reasonable conditions imposed by the statutory undertakers or licenceholder.
(8) Where on an application made by the Development Corporation to a magistrates' court the court is satisfied that—
(a) a building has suffered or is likely to suffer groundwater damage, and
(b) failure to carry out remedial work to it will probably have an adverse effect on an adjoining building,
the court may make an order empowering the Development Corporation to enter the building in order to carry out the work within such period as may be fixed by the order (beginning not sooner than twenty-eight days after the making of the order).
(9) If any person, after receiving notice of an order under sub-paragraph (8) above, prevents a person from duly implementing the order, a magistrates' court may order him to permit to be done everything which is required in order to carry into effect the provisions of the order.
(10) In this paragraph “a relevant telecommunications licenceholder” means a person to whom there has been granted under section 7 of the [1984 c. 12.] Telecommunications Act 1984 a licence to which section 8 of that Act applies.
22 (1) If a person—
(a) intentionally obstructs a person carrying out a survey or monitoring in accordance with paragraph 21(1) above,
(b) intentionally obstructs—
(i) a person exercising any of the powers conferred by paragraph 21(1) above, or
(ii) a person whom such a person has taken with him under paragraph 21(3) above doing anything in connection with the exercise of any such power, or
(c) without lawful authority or reasonable excuse removes or otherwise interferes with apparatus installed in any building in accordance with paragraph 21 above,
he shall be guilty of an offence.
(2) A person guilty of an offence under sub-paragraph (1) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3) A person who fails to comply with an order under paragraph 21(9) above 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 1 on the standard scale.
(5) A person who discloses information which he has obtained by virtue of this Schedule and which relates to the affairs of any particular business shall be guilty of an offence unless he does so—
(a) with the consent of the person for the time being carrying on the business, or
(b) in the exercise of functions under this Schedule.
(6) A person guilty of an offence under sub-paragraph (5) above shall be liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum, and
(b) on conviction on indictment, to imprisonment not exceeding two years or a fine or both.
23 (1) The status of any building as a building within the protected property area shall be a local land charge; and where—
(a) a direction is given by the Secretary of State under paragraph 2(2)(b) above affecting any building, or
(b) paragraph 9 above applies in the case of any building,
the Development Corporation shall notify the council of the district in which the building is situated of the fact that the building is, by virtue of that provision, to be regarded as being within the protected property area.
(2) If a survey of a building is carried out under paragraph 5(1) or (3) above, or if compensation in relation to a building is paid under paragraph 15 above, the Development Corporation shall deposit with the council of the district in which that building is situated particulars of the survey or compensation, and those particulars shall be a local land charge.
(3) For the purposes of the [1975 c. 76.] Local Land Charges Act 1975 the council of the district shall be treated as the originating authority as respects any charge constituted by virtue of this paragraph.
24 (1) The surveyor appointed by the Development Corporation to carry out any survey of a building under paragraph 4, 5 or 6 above shall be such person as may be agreed by the council of the district in which the building to be surveyed is situated.
(2) If a surveyor proposed to be appointed by the Development Corporation is not agreed by the district council in question, the Development Corporation may refer the matter of the appointment of a surveyor for determination in accordance with paragraph 25 below.
25 (1) Where under any provision of this Schedule any dispute or difference is to be determined in accordance with this paragraph, the dispute or difference shall be referred to and settled by an appropriately qualified and experienced person appointed by agreement between the parties or, in default of agreement, on the application of either party (after giving to the other not less than one week’s notice in writing) by or on behalf of the President of the Royal Institution of Chartered Surveyors.
(2) Any person appointed in accordance with the provisions of sub-paragraph (1) above shall not act as an arbitrator and his decision shall be final and binding on the parties but before reaching a decision he shall give to the parties such opportunity of making representations as they may reasonably require.
(3) All remuneration and expenses of any person appointed in accordance with the provisions of sub-paragraph (1) above shall be borne by the Development Corporation together with any costs incurred in respect of any such appointment by the Royal Institution of Chartered Surveyors.
26 (1) The Development Corporation shall publish and may from time to time revise a code of practice indicating the procedure which they intend to adopt in their implementation of the provisions of this Schedule including, in particular, the procedures for the carrying out of surveys and the preparation of survey reports under paragraphs 4 to 6 above and the return under paragraph 8(3) above of payments made in respect of surveys.
(2) Before publishing or revising the code of practice referred to in sub-paragraph (1) above the Development Corporation shall submit a draft to the South Glamorgan County Council and to each of the district councils within the County and such other bodies as the Development Corporation consider appropriate; and before publishing the code of practice or the revisions the Development Corporation shall consider any observations made by any of those councils or any other body to whom a draft has been sent.
27 (1) The Secretary of State shall appoint a person to be known as the Independent Groundwater Complaints Administrator who shall, subject to sub-paragraph (2) below, consider complaints which are made to him concerning the exercise by the Development Corporation of any of the functions conferred or imposed on them by this Schedule.
(2) The Administrator shall not consider a complaint which amounts to a dispute required to be determined in accordance with paragraph 25 above or to be referred to and determined by the Lands Tribunal.
(3) The Administrator shall in the case of any complaint which is required to be considered by him either—
(a) reject the complaint, or
(b) recommend to the Development Corporation steps which he considers should be taken by them with a view to resolving the matter complained of;
and if the Development Corporation do not take the steps recommended he may issue a direction requiring them to take such steps as may be specified in it.
(4) The Development Corporation shall—
(a) furnish such information,
(b) disclose such documents,
(c) provide such technical or other assistance, and
(d) afford such facilities,
as the Administrator may reasonably require for the purpose of exercising his functions.
(5) The Administrator shall hold and vacate office in accordance with the terms of his appointment; and there shall—
(a) be paid to him such remuneration as the Secretary of State may determine,
(b) be paid to or in respect of him such pension, allowances or gratuities, or be made to or in respect of him such payments towards the provision of a pension, as the Secretary of State may determine, and
(c) be paid to him appropriate travelling and other allowances.
(6) Payments under this paragraph shall be made, and expenditure incurred under this paragraph by the Administrator shall be met, by the Development Corporation.
Cardiff Bay Barrage Act 1993