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Water Supplies (Exceptional Shortage Orders) Act 1934

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This is the original version (as it was originally enacted).

10Interpretation

(1)In this Act, except where the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them:—

  • " Compensation water" means water which any water undertakers are under an obligation to discharge into a river, stream, brook or other running water or into a canal as a condition of carrying on their undertaking;

  • " Enactment" includes a provision in an order confirmed by Parliament;

  • " Inland navigation " includes any canal or navigable river;

  • " Land" includes an interest in land, and an easement or right in, to or over land;

  • "Limits of supply" means any limits specified in an enactment as the limits within which water undertakers are authorised to supply water and includes, in relation to water undertakers who are supplying water otherwise than under an enactment, the limits within which they are supplying water;

  • " Local authority" means the council of a borough or urban or rural district supplying water under the Public Health Act, 1875, or under any other enactment and a joint board, or joint committee, constituted under the Public Health Act, 1875, or under any other enactment for the purposes of the provision of a common water supply;

  • " Navigation authority " means any person or body of persons having powers under any Act of Parliament to work or maintain any inland navigation;

  • " Obligation" includes an obligation imposed by an enactment or by agreement, and " restriction " has a corresponding meaning;

  • " Order" means an order made under this Act;

  • " Source" includes rivers, streams, brooks and other running waters, canals, reservoirs, lakes, ponds, wells, springs and other sources, whether natural or artificial, and whether on the surface or underground;

  • " Specified " means specified in an order;

  • " Take," in relation to water, includes the collection, impounding, diversion and appropriation of water;

  • " Water undertakers " means—

    (a)

    a local authority;

    (b)

    any company, board or persons empowered by an enactment to supply water; and

    (c)

    any company or persons who are lawfully supplying water for use by other persons.

(2)The cesser of effect of an order (whether under subsection (5) of section one of this Act or by reason of the expiration of this Act) shall not affect—

(a)the previous operation of the order or anything duly done or suffered thereunder; or

(b)any right, privilege, obligation or liability acquired, accrued or incurred under the order; or

(c)any punishment incurred under this Act; or

(d)any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability or punishment as aforesaid;

and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such punishment may be imposed as if the order had not ceased to have effect.

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