Gas Act 1965

5 (1) Where the persons entitled to exercise the right are statutory water [F1 undertakers, the Environment Agency or the Natural Resources Body for Wales, the gas transporter shall, if the statutory water undertakers, the Environment Agency or the Natural Resources Body for Wales provide] an alternative supply of water, pay to them the costs reasonably incurred by them in doing so: E+W

Provided that the [F2 public gas supplier]shall not be liable for those costs if and so far as they are attributable to the supply so provided being superior in quantity or quality to the supply which was being, or might have been, obtained in exercise of the protected right.

(2) Where the persons entitled to exercise the protected right are not statutory water [F3 undertakers, the Environment Agency or the Natural Resources Body for Wales, the gas transporter shall], at the request of those persons, and if it is reasonably practicable and economical so to do, provide without charge an alternative supply of water which is in quantity and quality equivalent to the supply which was being, or might have been, obtained in exercise of the protected right.

(3) In assessing compensation under the Lands Clauses Acts for injurious affection of any interest in land held with the land purchased, or the land in which the rights purchased are exercisable, account shall be taken of any mitigation of that injurious affection attributable to the provision of the alternative supply of water; and the foregoing provisions of this paragraph shall be in lieu of compensation for the value of any interest in land so far as that value is attributable to the use of the land for the construction and use of the well, borehole or shaft.

(4) Compensation payable under the Lands Clauses Acts (whether under section 63 or section 68 of the M1 Lands Clauses Consolidation Act 1845) for injurious affection sustained by the persons entitled to the supply of water shall include—

(a) compensation for any loss or damage suffered by them in the period before effective action is taken under this paragraph, and

(b) where the [F4 amounts payable, by virtue of [F5 section 123 of the Water Resources Act 1991], in respect of an alternative supply of water to which the foregoing provisions of this paragraph relate exceed the amounts payable by virtue of that section in respect of the protected right (or where amounts are payable by virtue of that section in respect of an alternative supply but no amounts] were so payable in respect of the protected right), a lump sum by way of compensation for the additional burden thereby imposed on the persons entitled to the protected right.

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Textual Amendments

F1 Words in Sch. 4 para. 5(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 39(2) (with Sch. 7)

F2 Words substituted by virtue of Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 6(2), Sch. 8 para. 33

F3 Words in Sch. 4 para. 5(2) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 39(3) (with Sch. 7)

F4 Words in Sch. 4 para. 5(4)(b) from “amounts payable,” to “no amounts” substituted (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 190(1) Sch. 25 para. 32(8)(c) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58.

F5 Words in Sch. 4 Pt. II para. 5(4)(b) substituted (E.W.) (1. 12. 1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60), ss. 2, 4(2), Sch. 1 para. 14(3)(b)

Marginal Citations

M1 1845 c. 18.(28:1)

5 (1) Where the [F6 person] entitled to exercise the right [F7 is Scottish Water] or a river authority, the [F8 public gas supplier] shall, if [F9 Scottish Water] or the river authority provide an alternative supply of water, pay to [F10 it or] them the costs reasonably incurred by [F10 it or] them in doing so: S

Provided that the [F8 public gas supplier] shall not be liable for those costs if and so far as they are attributable to the supply so provided being superior in quantity or quality to the supply which was being, or might have been, obtained in exercise of the protected right.

(2) Where the [F11 person] entitled to exercise the protected right [F12 is not Scottish Water] or a river authority, the [F8 public gas supplier] shall, at the request of [F13 that person], and if it is reasonably practicable and economical so to do, provide without charge an alternative supply of water which is in quantity and quality equivalent to the supply which was being, or might have been, obtained in exercise of the protected right.

(3) In assessing compensation under the Lands Clauses Acts for injurious affection of any interest in land held with the land purchased, or the land in which the rights purchased are exercisable, account shall be taken of any mitigation of that injurious affection attributable to the provision of the alternative supply of water; and the foregoing provisions of this paragraph shall be in lieu of compensation for the value of any interest in land so far as that value is attributable to the use of the land for the construction and use of the well, borehole or shaft.

(4) Compensation payable under the Lands Clauses Acts (whether under section 63 or section 68 of the M2 Lands Clauses Consolidation Act 1845) for injurious affection sustained by the persons entitled to the supply of water shall include—

(a) compensation for any loss or damage suffered by them in the period before effective action is taken under this paragraph, and

(b) where the charges and fees payable under Part V of the M3 Water Resources Act 1963 in respect of an alternative supply of water to which the foregoing provisions of this paragraph relate exceed the charges and fees so payable in respect of the protected right (or where charges and fees are so payable in respect of an alternative supply of water but no charges or fees were so payable in respect of the protected right), a lump sum by way of compensation for the additional burden thereby imposed on the persons entitled to the protected right.

Extent Information

E2 Sch. 4 Pt. II para. 5: This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Textual Amendments

F6 Word in Sch. 4 para. 5(1) substituted (S.) (14.7.2004) by The Water Industry (Scotland) Act 2002 (Consequential Modifications) Order 2004 (S.I. 2004/1822), art. 1(1), Sch. para. 4(6)(a)(i)

F7 Words in Sch. 4 para. 5(1) substituted (S.) (14.7.2004) by The Water Industry (Scotland) Act 2002 (Consequential Modifications) Order 2004 (S.I. 2004/1822), art. 1(1), Sch. para. 4(6)(a)(ii)

F8 Words substituted by virtue of Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 6(2), Sch. 8 para. 33

F9 Words in Sch. 4 para. 5(1) substituted (S.) (14.7.2004) by The Water Industry (Scotland) Act 2002 (Consequential Modifications) Order 2004 (S.I. 2004/1822), Sch. para. 4(6)(a)(iii)

F10 Words in Sch. 4 para. 5(1) inserted (S.) (14.7.2004) by The Water Industry (Scotland) Act 2002 (Consequential Modifications) Order 2004 (S.I. 2004/1822), Sch. para. 4(6)(a)(iv)

F11 Word in Sch. 4 para. 5(2) substituted (S.) (14.7.2004) by The Water Industry (Scotland) Act 2002 (Consequential Modifications) Order 2004 (S.I. 2004/1822), Sch. para. 4(6)(b)(i)

F12 Words in Sch. 4 para. 5(2) substituted (S.) (14.7.2004) by The Water Industry (Scotland) Act 2002 (Consequential Modifications) Order 2004 (S.I. 2004/1822), Sch. para. 4(6)(b)(ii)

F13 Words in Sch. 4 para. 5(2) substituted (S.) (14.7.2004) by The Water Industry (Scotland) Act 2002 (Consequential Modifications) Order 2004 (S.I. 2004/1822), Sch. para. 4(6)(b)(iii)

Marginal Citations

M2 1845 c. 18.(28:1)

M3 1963 c. 38.(130)