The Severn-Trent Water Authority (Shelton Borehole) Order 1987

Statutory Instruments

1987 No. 2271

WATER, ENGLAND AND WALES

The Severn-Trent Water Authority (Shelton Borehole) Order 1987

Made

23rd December 1987

Coming into force

24th December 1987

The Secretary of State for the Environment, on the application of the Severn Trent Water Authority, being statutory water undertakers(1), and in exercise of powers conferred by sections 23, 32(1) and 59(1)(2) of the Water Act 1945(3) and now vested in him(4), and of all other powers enabling him in that behalf, hereby makes the following Order:—

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Severn-Trent Water Authority (Shelton Borehole) Order 1987 and shall come into force on 24th December 1987.

(2) This Order shall be included among the enactments which may be cited together as the Severn-Trent Water Authority Orders 1974 to 1987.

(3) In this Order —

“the Authority” means the Severn-Trent Water Authority;

“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 Severn-Trent Water Authority (Shelton Borehole) Order 1987”, one duplicate of which is deposited and is available for inspection at the offices of the Authority and the other at the offices of the Secretary of State for the Environment;

“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.

Power to continue, construct and maintain works

2.  The Authority, being the owner of the land described in Schedule 1 to this Order, may —

(a) continue and maintain the existing borehole on or under that land; and

(b) construct and maintain 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 wells, boreholes, adits and headings as may be necessary or expedient for augmenting or improving the supply of water obtainable by means of the existing borehole.

Works to form part of undertaking

3.  The said borehole and any works authorised by this Order shall for all purposes form part of the undertaking.

Application of certain provisions of Third Schedule

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

Signed by authority of the Secretary of State

J.A.L. Gunn

An Under Secretary in the

Department of the Environment

23rd December 1987

SCHEDULE 1 LAND ON OR UNDER WHICH WORKS MAY BE CONTINUED, CONSTRUCTED AND MAINTAINED UNDER THIS ORDER

Land situated in the Parish of Shrewsbury in the District of Shrewsbury and Atcham having an area of 9.7 Hectares approximately or thereabouts and comprising the whole or part of the enclosures numbered 2550, 3253, 4354, 4135, 5340 and 5331 on the 1967 Edition of the 1:2500 Ordnance Map of Shropshire sheets SJ 4613 and SJ 4713 which land is delineated and coloured red on the deposited plan.

SCHEDULE 2 PROVISIONS OF THE THIRD SCHEDULE APPLIED

(1)	(2)
Provisions applied	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, 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 land described in Schedule 1 to the special Act” and after the word “buildings” there shall be inserted the words “means of access”.
Part IV (Minerals underlying Waterworks)	In section 12 for the words “after this section is incorporated with their enactments” there shall be substituted the words “under the special Act”, for the words “all existing pipes or other conduits for the collection, passage, or distribution of water and underground works belonging to them” there shall be substituted the words “all such pipes or other conduits or underground works” and the words “for the time being belonging to them” shall be omitted.
Section 94 (Copies of special Act to be kept by undertakers in their office, and deposited with certain officers)	In subsection (1)(5) for the words from “London borough” to the end of the subsection there shall be substituted the words “non-metropolitan district affected by the special Act”.

(1)

See the Water Act 1973 (c. 37), section 11(6).

(2)

See the definition of “Minister”.

(3)

1945 c. 42. There are amendments to sections 23 and 32, but none relevant to this Order.

(4)

S.I. 1951/142, 1900, 1970/1681.

(5)

Section 94(1) was amended by S.I. 1986/1.