Land Powers (Defence) Act 1958

15 Supplementary provisions as to wayleave orders. U.K.

(1) Any person authorised in that behalf by the Minister by whom a wayleave order was made may, for the purpose of—

(a) exercising any rights under the order; or

(b) restoring land where a pipe-line or works laid, installed or constructed under the order are removed or abandoned; or

(c) inspecting any land, pipe-line or works to which the order relates,

enter upon any land of which that Minister is not in possession: and paragraphs 2 and 3 of the Fourth Schedule to this Act shall apply in relation to the powers conferred by this subsection:

Provided that—

(i)

except in a case of emergency or for the purpose of inspection by a person producing, if required, written evidence of his authority so to do, entry upon any land shall not be demanded as of right unless not less than seven days’ notice in writing of the intended entry has been served on the occupier of the land;

(ii)

where otherwise than for the purpose of inspection only any land has been entered upon in pursuance of this subsection without notice being served as aforesaid on the occupier of the land, that Minister shall forthwith cause notice in writing of the entry to be served on the occupier.

(2) Sections seventy-eight to eighty-five of the M1 Railways Clauses Consolidation Act, 1845, as originally enacted (which restrict the working of minerals, subject to the payment of compensation) shall apply to any pipe-line or works laid, installed or constructed under a wayleave order as if—

(a) any reference to the railway were a reference to the pipe-line or works in question;

(b) any reference to the company were a reference to the Minister by whom the wayleave order was made.

(3) The Treasury may make regulations—

(a) for the protection of persons affected by the laying, installation construction, maintenance or use under a wayleave order of pipe-lines or accessory works, and in particular for requiring the Minister by whom the order was made to keep in good repair any pipe-line or works laid, installed or constructed under the order, to take such steps as may be prescribed by the regulations for restoring land where any such pipe-line or works are removed or abandoned, and to indemnify persons against loss or damage caused by any failure to keep any such pipe-line or works in good repair, and for relieving statutory undertakers and other persons of liabilities or obligations arising in consequence of any such failure or any exercise of the rights conferred by the wayleave order;

(b) for requiring notice to be given where a pipe-line or works laid, installed or constructed under a wayleave order are removed or abandoned.

(4) In the application of this section to Scotland, for the reference to sections seventy-eight to eighty-five of the M2 Railways Clauses Consolidation Act, 1845, there shall be substituted a reference to sections seventy-one to seventy-eight of the M3 Railways Clauses Consolidation (Scotland) Act, 1845.

Modifications etc. (not altering text)

C1 Ss. 15–17 amended by S.I. 1989/150, art. 2(3)(4)

Marginal Citations

M1 1845 c. 20.

M2 1845 c. 20.

M3 1845 c. 33.