The Water (Compulsory Works Powers) (Notice) Regulations 1991

Statutory Instruments

1991 No. 1409

WATER, ENGLAND AND WALES

The Water (Compulsory Works Powers) (Notice) Regulations 1991

Made

13th June 1991

Laid before Parliament

26th June 1991

Coming into force

17th July 1991

The Secretary of State for the Environment and the Secretary of State for Wales, acting jointly in relation to water undertakers, and acting jointly with the Minister of Agriculture, Fisheries and Food in relation to the National Rivers Authority, in exercise of the powers conferred on them by section 185(2)(d) of, and paragraph 1(3)(f) of Schedule 20 to, the Water Act 1989(1), and of all other powers enabling them in that behalf, make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Water (Compulsory Works Powers) (Notice) Regulations 1991 and shall come into force on 17th July 1991.

Notice to be given to prescribed persons

2.  Where an order is applied for under section 155 of the Water Act 1989 which would authorise the stopping-up or diversion of a footpath or bridleway, a copy of the notice of the application shall be served on–

(a) the persons specified in Part I of the Schedule hereto;

(b) where the footpath or bridleway in question is situated in an area mentioned in Part II thereof, the persons specified in relation to that area;

in addition to the persons specified in paragraph 1(3)(a) to (e) of Schedule 20 to that Act.

Michael Heseltine

Secretary of State for the Environment

10th June 1991

David Hunt

Secretary of State for Wales

11th June 1991

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 13th June 1991.

L.S.

John Gummer

Minister of Agriculture, Fisheries and Food

Regulation 2

SCHEDULE ADDITIONAL PERSONS TO BE SERVED WITH NOTICE RELATING TO COMPULSORY WORKS POWERS

PART I

The Auto-Cycle Union

The British Horse Society

The Byways and Bridleways Trust

The Commons, Open Spaces and Footpaths Preservation Society

The Ramblers' Association

PART II

Area	Name
Within the counties of Cheshire, Derbyshire, Greater Manchester, Lancashire, Merseyside, South Yorkshire, Staffordshire and West Yorkshire	The Peak and Northern Footpaths Society
Within the county of Buckinghamshire, the districts of Beaconsfield, Chiltern and Wycombe;	The Chiltern Society
within the county of Hertfordshire, the districts of Dacorum and Three Rivers;
within the county of Oxfordshire, the district of South Oxfordshire; and
within the district of Aylesbury Vale, the parishes of Aston Clinton, Buckland, Drayton Beauchamp, Edlesborough, Halton, Ivinghoe, Pitstone and Wendover

Explanatory Note

(This note is not part of the Regulations)

Paragraph 1(1)(c) of Schedule 20 to the Water Act 1989 requires the National Rivers Authority and water undertakers to serve notice on certain persons when they apply for an order under section 155 of the Act conferring compulsory works powers.

These Regulations name certain additional bodies on whom notice must be served where the application relates to an order which authorises the stopping-up or diversion of a footpath or bridleway.

(1)

1989 c. 15; see the definition of appropriate Minister in section 155(7), the definition of in section 189(1), and section 189(9) as to the joint exercise of functions exercisable concurrently. 1020]