1987 No. 1602

WATER, ENGLAND AND WALES

The Anglian Water Authority (Moor Farm Heighington) Order 1987

Made

Coming into force

The Secretary of State for the Environment, in exercise of the powers conferred by sections 23, 32(1) and 59(1)1 of the Water Act 19452, and now vested in him3, and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and commencement1

1

This Order may be cited as the Anglian Water Authority (Moor Farm Heighington) Order 1987 and shall come into force on 10th September 1987.

2

The Anglian Water Authority Act and Orders 1974 to 1986 and this Order may be cited together as the Anglian Water Authority Acts and Orders 1974 to 1987.

Interpretation2

In this Order—

  • “the Authority” means the Anglian Water Authority;

  • “the Third Schedule” means the Third Schedule to the Water Act 1945;

  • “the undertaking” means the water undertaking of the Authority as for the time being authorised by any enactment;

  • “the deposited plan” means the plan prepared in duplicate, signed by an Under Secretary in the Department of the Environment and marked “Plan referred to in the Anglian Water Authority (Moor Farm Heighington) Order 1987”, one duplicate of which is deposited and is available for inspection at the offices of the Authority’s Lincoln Division at Waterside House, Waterside North, Lincoln LN2 5HA and the other at the offices of the Secretary of State for the Environment.

Application of Third Schedule3

For the purposes of this Order the provisions of the Third Schedule which are set out in column (1) of Schedule 1 to this Order shall, subject to the modifications set out in column (2) thereof, apply to the undertaking and are hereby incorporated with this Order.

Power to construct and maintain works4

The Authority may, when they have acquired the necessary lands or sufficient rights or interests therein, continue, construct and maintain as appropriate the following works—

a

on or under the land described in Schedule 2 to this Order two boreholes together with a pumping station;

b

on or under that land (in addition to the works authorised by section 4 of the Third Schedule, as applied to the undertaking by this Order) all such additional boreholes, headworks and other works as may be necessary or expedient for augmenting or improving the supply of water obtainable by means of the said boreholes.

Works to form part of undertaking5

The works authorised by this Order shall for all purposes form part of the undertaking.

SCHEDULE 1PROVISIONS OF THE THIRD SCHEDULE APPLIED

(1)

Provisions applied

(2)

Modifications

Section 4 (General power to construct subsidiary works)

The words “and to any other provisions of the special Act limiting the powers of the undertakers to abstract water” shall be omitted and for the words “any land for the time being held by them in connection with their water undertaking” there shall be substituted the words “the lands described in the special Act”.

Section 6 (Penalty for obstructing construction of works)

—

Section 92 (Liability of undertakers to pay compensation)

—

Section 94 (Copies of special Act to be kept by undertakers in their office and deposited with certain officers)

—

SCHEDULE 2DESCRIPTION OF LAND

Land having a total area of 0.140 acres or thereabouts and forming part of enclosure number 4725 on the 1:2500 Ordnance Map Sheet TF 0470 being land in the Parish of Heighington, in the District of North Kesteven, in the County of Lincoln, and more particularly delineated and coloured red on the deposited plan.

Signed by authority of the Secretary of State.

J. A. L. GunnAn Under Secretary in theDepartment of the Environment