'Grant of and compensation for, rights of entry etc.

Provision of public sewers otherwise than by requisition – in the House of Commons at 11:45 pm on 28th June 1995.

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  1. 161AA.—(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. (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. (3) Before serving a works notice, the Agency shall reasonably endeavour to consult every person who appears to it—
    1. (a) to be the owner or occupier of any relevant land, and
    2. (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. (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. (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.
  6. (6) Without prejudice to the generality of the regulations that may be made by virtue of subsection (5) above, regulations by virtue of that subsection may make such provision in relation to compensation under this section as may be made by regulations by virtue of subsection (4) of section 35A of the Environmental Protection Act 1990 in relation to compensation under that section.
  7. (7) In this section—
prescribed" means prescribed in regulations made by the Secretary of State;relevant land" means—
  1. (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
  2. (b) any land adjoining or adjacent to that land or those waters;
"works notice" means a works notice under section 161A above.'.
No. 210, in page 318, line 13, at end insert— '(6) This section is subject to section 112 of the Environment Act 1995 (delegation or reference of appeals).'. No. 211, in page 318, line 36, at end insert— '150A. In section 162 of that Act (other powers to deal with foul water or pollution) in subsection (1) (which refers to section 161 of that Act) for the words "section 161" there shall be substituted the words "sections 161 to 161C".'. No. 99, in page 322, leave out lines 43 to 46 and insert—
  1. ' 150.—(1) Section 204 of that Act (restriction on disclosure of information with respect to any particular business) shall be amended in accordance with the following provisions of this paragraph.
  2. (2) In subsection (2)(a) (exception for disclosure of information for purposes of functions under certain enactments)—
    1. (a) for the words "the Authority" there shall be substituted the words "the Agency, the Scottish Environment Protection Agency"; and
    2. (b) for the words "or the Water Act 1989" there shall be substituted the words ", the Water Act 1989, Part I or IIA of the Environmental Protection Act 1990 or the 1995 Act".
  3. (3) In subsection (3), in paragraph (a) (which provides that nothing in subsection (1) shall limit the matters which may be included in reports made by specified bodies under specified enactments)—
    1. (a) after sub-paragraph (i), there shall be inserted—
      1. "(ia) the Scottish Environment Protection Agency;"; and
    2. (b) for the words "or that Act of 1991" there shall be substituted the words ", Part I or IIA of the Environmental Protection Act 1990, that Act of 1991 or the 1995 Act".
  4. (4) In paragraph (b) of that subsection, after the words "that Act" there shall be inserted the words "of 1991".'.

No. 100, in page 323, line 36, leave out '(local inquiries)' and insert '(inquiries and other hearings)'.

No. 212, in page 324, line 9, after '(b)' insert—

  1. '(i) after the words "161" there shall be inserted the words "to 161C"; and
  2. (ii)'.

No. 101, in page 324, line 31, leave out from beginning to 'there' and insert— '168A. In Schedule 10 to that Act (discharge consents) after paragraph 7 (restriction on variation and revocation of consent and previous variation) there shall be added—