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Civil Defence Act 1939

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This is the original version (as it was originally enacted).

58Special provisions as to supply of water for extinguishing fires

(1)Any fire authority to whom this section is applied by order of the Minister may submit to the Minister a scheme for securing that special supplies of water will be available for extinguishing fires caused by hostile attack and any such scheme may for that purpose make provision among other matters for—

(a)the laying of mains and pipes for the conveyance of water;

(b)the installation on bridges, embankments and other places adjoining any water (not being water contained in a reservoir or other works of any public utility undertakers or persons carrying on any hydraulic power undertaking) pipes or other apparatus for enabling water to be withdrawn;

(c)the acquisition of fire floats;

(d)the construction of underground tanks.

(2)The Minister may approve, with or without modifications, any scheme submitted to him under this section, and any such scheme shall, upon being so approved, come into force on such date as may be provided by the scheme as approved; and any such scheme may be amended by a subsequent scheme submitted and approved in like manner as the original scheme.

(3)There may be paid out of moneys provided by Parliament towards the approved expenses incurred (whether before or after the passing of this Act) by any fire authority grants not exceeding nine-tenths of those expenses:

Provided that no grant shall be made under this subsection in respect of any expenses incurred on any works unless—

(a)the works are completed before the end of September nineteen hundred and thirty-nine; or

(b)the works are then in progress or preparatory measures are then being taken for the carrying out thereof and (in each case) the Minister is satisfied that they will be completed within a reasonable time thereafter. In this subsection, the expression " approved expenses " means such expenses of a capital nature as the Minister, acting in accordance with general directions of the Treasury, may approve for the purposes of this subsection, being expenses incurred in carrying out measures mentioned in a scheme approved under this section.

(4)The London County Council may be authorised by a scheme submitted by them under this section to exercise, for the purpose of securing supplies of water for extinguishing fires caused by hostile attack, any powers exercisable under subsection (2) of section twenty-eight of the Public Health (London) Act, 1936, in connection with their sewerage and drainage functions, and if they are so authorised, section thirty of that Act (which confers power to stop up streets) shall apply accordingly.

(5)Any fire authority (other than the London County Council) may be authorised by a scheme submitted by them under this section or by an order of the Minister to exercise, for the purpose of securing supplies of water as aforesaid, all or any of the powers exercisable by a local authority under the Public Health Act, 1936, for the purpose of providing their district with a supply of water under that Act, other than powers of compulsory purchase.

(6)Any water undertakers may, by agreement with a fire authority, carry out as agents of the authority any works which the authority are authorised to carry out for the purpose of securing supplies of water as aforesaid, whether under a scheme submitted under this section or otherwise.

(7)Section five of the Act of 1937 (which confers power to purchase land compulsorily) shall apply for the purposes of any scheme submitted and approved under this section, and where such a scheme provides for the construction of an underground tank the scheme may confer on the fire authority, for the purpose of constructing the tank and installing any pumping plant or other necessary apparatus, the like powers as are conferred on local authorities by Part II of this Act for the purpose of constructing underground air-raid shelters and works connected therewith, and the provisions of that Part relating to the construction and vesting of such shelters and works and to matters connected therewith shall apply accordingly.

(8)The Minister shall not approve any scheme under this section unless it contains such provisions as he considers necessary for preventing—

(a)the contamination of any water supplied by water undertakers; and

(b)the use for domestic purposes of any water conveyed in any main or pipe laid under the scheme.

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