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Water Act 2003

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This is the original version (as it was originally enacted).

Section 85(2)

SCHEDULE 5Powers of entry under the Coal Industry Act 1994

This schedule has no associated Explanatory Notes

After Schedule 1 to the Coal Industry Act 1994 (c. 21) there is inserted—

Section 4B(8)

SCHEDULE 1ASupplemental provisions with respect to powers of entry

Interpretation

1(1)In this Schedule—

  • “designated person” means an authorised person, within the meaning of section 4B of this Act, and includes a person designated by virtue of paragraph 2 below;

  • “relevant power” means a power conferred by section 4B of this Act, including a power exercisable by virtue of a warrant under this Schedule.

(2)Expressions used in this Schedule and in section 4B of this Act have the same meaning in this Schedule as they have in that section.

Issue of warrants

2(1)If it is shown to the satisfaction of a justice of the peace, on sworn information in writing—

(a)that there are reasonable grounds for the exercise in relation to any premises of a relevant power; and

(b)that one or more of the conditions specified in sub-paragraph (2) below is fulfilled in relation to those premises,

the justice may by warrant authorise the Authority to designate a person who shall be authorised to exercise the power in relation to those premises, in accordance with the warrant and, if need be, by force.

(2)The conditions mentioned in sub-paragraph (1)(b) above are—

(a)that the exercise of the power in relation to the premises has been refused;

(b)that such a refusal is reasonably expected;

(c)that the premises are unoccupied; or

(d)that the occupier is temporarily absent from the premises and the case is one of urgency.

(3)In a case where subsection (5) of section 4B of this Act applies, a justice of the peace shall not issue a warrant under this Schedule merely because he is satisfied that the exercise of a power in relation to any premises has been refused, or that a refusal is reasonably expected, unless he is also satisfied that the notice required by that subsection has been given and that the period of that notice has expired.

(4)Every warrant under this Schedule shall continue in force until the purposes for which the warrant was issued have been fulfilled.

Manner of exercise of powers

3A person designated as the person who may exercise a relevant power shall produce evidence of his designation and other authority before he exercises the power.

Duty to secure premises

4A person who, in the exercise of a relevant power, enters on any premises which are unoccupied or whose occupier is temporarily absent shall leave the premises as effectually secured against trespassers as he found them.

Compensation

5(1)Where any person exercises any power conferred by section 4B(3)(a) or (c) or (4) of this Act, it shall be the duty of the Authority to make full compensation to any person who has sustained loss or damage by reason of—

(a)the exercise by the designated person of that power; or

(b)the performance of, or failure of the designated person to perform, the duty imposed by paragraph 4 above.

(2)Compensation shall not be payable by virtue of sub-paragraph (1) above in respect of any loss or damage if the loss or damage is attributable to the default of the person who sustained it.

(3)Any dispute as to a person’s entitlement to compensation under this paragraph, or as to the amount of any such compensation, shall be referred to the arbitration of a single arbitrator, appointed by agreement between the Authority and the person who claims to have sustained the loss or damage or, in default of agreement, by the Secretary of State.

(4)A designated person shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of any relevant power if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it.

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