The Leicestershire County Council (Ashby de la Zouch Canal Extension) Order 2005

PART 5 MISCELLANEOUS AND GENERAL

Disclosure of confidential information

30.  A person who—

(a) enters land in pursuance of the provisions of article 15; and

(b) discloses to any person any information so obtained by him relating to any manufacturing process or trade secret,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale, unless the disclosure is made in the course of performing his duty in connection with the purposes for which he was authorised to enter the land.

Statutory undertakers, etc.

31.  The provisions of Schedule 2 shall have effect.

Protection of the Environment Agency

32.  The provisions of Schedule 10 shall have effect.

Certification of plans, etc.

33.—(1) The undertaker shall, as soon as practicable after the making of this Order, submit at least two copies of the certified book of reference, the sections, the land plans and the works plans to the Secretary of State for certification that they are true copies of, respectively, the book of reference, sections and plans referred to in this Order.

(2) Where the book of reference or any land plan, works plan or section has been revised before this Order is made, the copy of the book of reference, plan or section submitted for certification under paragraph (1) shall be a copy of the book of reference, plan or section deposited in the office of the Clerk of the Parliaments in accordance with section14(5)(b) of the 1992 Act.

(3) A copy document so certified shall be admissible in any proceedings as evidence of the contents of the documents of which it is a copy.

Service of notices

34.—(1) A notice or other document required or authorised to be served for the purposes of this Order may be served by post.

(2) Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or director of the body or, in the case of a local authority, a proper officer of that authority.

(3) For the purpose of section 7 of the Interpretation Act 1978(1), the proper address of any person for the purposes of the service on him of a notice or document under paragraph (1) above is, if he has given an address for service, that address, and otherwise—

(a) in the case of the secretary or a proper officer of a body corporate, the registered or principal office of that body; and

(b) in any other case, his last known address at the time of service.

(4) Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and his name or last known address at the time of service cannot be ascertained after reasonable enquiry, the notice may be served by—

(a) addressing it to him by name or by the description of “owner”, or (as the case may be) “occupier”, of the land and describing that land in the notice; and

(b) either leaving it in the hands of a person who is, or appears to be, resident or employed on the land, or leaving it conspicuously affixed to some building or object on or near the land.

(5) This article shall not be taken to exclude the employment of any method of service not expressly provided for by it.

Exclusion of double recovery

35.  Compensation shall not be payable in respect of the same matter both under this Order and under any other enactment, any contract, or any rule of law.

Arbitration

36.  Any difference as to the application of any provision of this Order, other than a difference which falls to be determined by the tribunal, shall be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party, after notice in writing to the other, by the President of the Institution of Civil Engineers.

Consent and approvals

37.  Where the consent or approval of any body to any works, plans, specifications or other matter is required under this Order, that consent or approval shall not be unreasonably withheld.

(1)

1978 c. 30.