Part VIIE+W+S Land and Works Powers

Modifications etc. (not altering text)

chapter IE+W+S POWERS OF THE [F1APPROPRIATE AGENCY]

Textual Amendments

[F2Restoration and improvement works for controlled waters]E+W

Textual Amendments

F3161B Grant of, and compensation for, rights of entry etc.E+W

(1)A works notice may require a person to carry out works or operations in relation to any land or waters notwithstanding that he is not entitled to carry out those works or operations.

(2)Any person whose consent is required before any works or operations required by a works notice may be carried out shall grant, or join in granting, such rights in relation to any land or waters as will enable the person on whom the works notice is served to comply with any requirements imposed by the works notice.

(3)Before serving a works notice, the [F4appropriate agency] shall reasonably endeavour to consult every person who appears to it—

(a)to be the owner or occupier of any relevant land, and

(b)to be a person who might be required by subsection (2) above to grant, or join in granting, any rights,

concerning the rights which that person may be so required to grant.

(4)A works notice shall not be regarded as invalid, or as invalidly served, by reason only of any failure to comply with the requirements of subsection (3) above.

(5)A person who grants, or joins in granting, any rights pursuant to subsection (2) above shall be entitled, on making an application within such period as may be prescribed and in such manner as may be prescribed to such person as may be prescribed, to be paid by the person on whom the works notice in question is served compensation of such amount as may be determined in such manner as may be prescribed.

[F5(6)Without prejudice to the generality of the regulations that may be made by virtue of subsection (5), regulations by virtue of that subsection may—

(a)provide for the basis on which any amount to be paid by way of compensation under this section is to be assessed;

(b)without prejudice to the generality of paragraph (a) above, provide for compensation under this section to be payable in respect of—

(i)any effect of any rights being granted, or

(ii)any consequence of the exercise of any rights which have been granted;

(c)provide for the times at which any entitlement to compensation under this section is to arise or at which any such compensation is to become payable;

(d)provide for the persons or bodies by whom, and the manner in which, any dispute—

(i)as to whether any, and (if so) how much and when, compensation under this section is payable, or

(ii)as to the person to or by whom it shall be paid,

is to be determined;

(e)provide for when or how applications may be made for compensation under this section;

(f)without prejudice to the generality of paragraph (d) above, provide for when or how applications may be made for the determination of any such disputes as are mentioned in that paragraph;

(g)without prejudice to the generality of paragraphs (e) and (f) above, prescribe the form in which any such applications as are mentioned in those paragraphs are to be made;

(h)make provision similar to any provision made by paragraph 8 of Schedule 19;

(i)make different provision for different cases, including different provision in relation to different persons or circumstances;

(j)include such incidental, supplemental, consequential or transitional provision as the Secretary of State considers appropriate.]

(7)In this section—

  • “prescribed” means prescribed in regulations made by the Secretary of State;

  • “relevant land” means—

    (a)

    any land or waters in relation to which the works notice in question requires, or may require, works or operations to be carried out; or

    (b)

    any land adjoining or adjacent to that land or those waters;

  • “works notice” means a works notice under section 161A above.

Textual Amendments

F3Ss. 161A-161D inserted (21.9.1995 for specified purposes, 16.3.1999 for other specified purposes and otherwise 29.4.1999) by 1995 c. 25, s. 120, Sch. 22 para. 162 (with ss. 7(6), 115, 117);S.I. 1995/1983, art. 3; S.I. 1999/803, art. 2; S.I. 1999/1301, art. 2

Modifications etc. (not altering text)

C2S. 161B applied (with modifications) (1.4.2006) by Water Act 2003 (c. 37), ss. 4(3)(b), 105(3); S.I. 2006/984, art. 2(d)

C3Ss. 161-161D modified by S.I. 2010/675, Sch. 23 Pt. 8 para. 3 Table 9 (as substituted (1.10.2011) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2011 (S.I. 2011/2043), reg. 1(b), Sch. 1)