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Version Superseded: 01/12/1991
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5(1)Where the persons entitled to exercise the right are statutory water [F1undertakers or a river authority, the [F2public gas supplier] shall, if the statutory water undertakers or the river authority provide][F1undertakers or the National Rivers Authority, the public gas supplier shall, if the statutory water undertakers or the National Rivers Authority provide] an alternative supply of water, pay to them the costs reasonably incurred by them in doing so:
Provided that the [F2public gas supplier]shall not be liable for those costs if and so far as they are attributable to the supply so provided being superior in quantity or quality to the supply which was being, or might have been, obtained in exercise of the protected right.
(2)Where the persons entitled to exercise the protected right are not statutory water [F3undertakers or a river authority, the [F2public gas supplier] shall][F3undertakers or the National Rivers Authority, the public gas supplier shall], at the request of those persons, and if it is reasonably practicable and economical so to do, provide without charge an alternative supply of water which is in quantity and quality equivalent to the supply which was being, or might have been, obtained in exercise of the protected right.
(3)In assessing compensation under the Lands Clauses Acts for injurious affection of any interest in land held with the land purchased, or the land in which the rights purchased are exercisable, account shall be taken of any mitigation of that injurious affection attributable to the provision of the alternative supply of water; and the foregoing provisions of this paragraph shall be in lieu of compensation for the value of any interest in land so far as that value is attributable to the use of the land for the construction and use of the well, borehole or shaft.
(4)Compensation payable under the Lands Clauses Acts (whether under section 63 or section 68 of the M1Lands Clauses Consolidation Act 1845) for injurious affection sustained by the persons entitled to the supply of water shall include—
(a)compensation for any loss or damage suffered by them in the period before effective action is taken under this paragraph, and
(b)where the [F4charges and fees payable under Part V of the M2Water Resources Act 1963 in respect of an alternative supply of water to which the foregoing provisions of this paragraph relate exceed the charges and fees so payable in respect of the protected right (or where charges and fees are so payable in respect of an alternative supply of water but no charges or fees][F4amounts payable, by virtue of section 129 of the Water Act 1989, in respect of an alternative supply of water to which the foregoing provisions of this paragraph relate exceed the amounts payable by virtue of that section in respect of the protected right (or where amounts are payable by virtue of that section in respect of an alternative supply but no amounts] were so payable in respect of the protected right), a lump sum by way of compensation for the additional burden thereby imposed on the persons entitled to the protected right.
Textual Amendments
F1Words from “undertakers or the” to “the National Rivers Authority provide” substituted (E.W.) for the words from “undertakers or a” to “provide” by Water Act 1989 (c. 15, SIF 130), s. 190(1) Sch. 25, para. 32(8)(a)(with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58.
F2Words substituted by virtue of Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 6(2), Sch. 8 para. 33
F3Words from “undertakers or the National Rivers Authority” to “shall” substituted (E.W.) for the words from “undertakers or a river authority” to “shall” by Water Act 1989 (c. 15, SIF 130), s. 190(1) Sch. 25, para. 32(8)(b)(with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58.
F4Words from “amounts payable,” to “no amounts” substituted (E.W.) for the words from “charges” in the first place where it occurs to “fees”, in the fourth place where it occurs by Water Act 1989 (c. 15, SIF 130), s. 190(1) Sch. 25 para. 32(8)(c) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58.
Marginal Citations
M11845 c. 18.(28:1)
M21963 c. 38.(130)
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