Local Government and Planning (Scotland) Act 1982

57 Liability of water authorities etc. for damage caused by escapes of water onto agricultural or forestry land

In section 10 of the Water (Scotland) Act 1980 (which among other things provides that compensation is to be made by a water authority to a person sustaining damage by reason of their exercise of certain statutory powers)—

(a) after subsection (1) there shall be inserted the following subsection—

“(1A) The escape of water, however caused, onto agricultural land or forestry land from one of a water authority's or as the case may be water development board's communication pipes or mains shall for the purposes of subsection (1) above be taken to have been brought about by the exercise by them of powers under this Act.”; and

(b) after subsection (4) there shall be inserted the following subsections—

“(5) Without prejudice to any right to compensation other than under subsection (1) above, in that subsection " person " does not, as regards compensation payable under that subsection by virtue of subsection (1A) above, include—

(a) statutory undertakers as defined in section 275(1) of the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972;

(b) highway authorities as defined in section 50(1) of the [1970 c. 20.] Roads (Scotland) Act 1970;

(c) bridge authorities or managers as defined in section 39(1) of the [1950 c. 39.] Public Utilities Street Works Act 1950;

(d) street authorities or managers as defined in the said section 39(1); or

(e) persons on whom a right to compensation under section 26 of the said Act of 1950 is conferred.

(6) In subsection (1A) above, the expressions " agricultural land " and " forestry land " mean land (but not any building) used, respectively, for agriculture or for forestry which is so used for the purposes of a trade or business; and in the foregoing provisions of this subsection " agriculture " has the meaning assigned to it by section 86(3) of the [1948 c. 45.] Agriculture (Scotland) Act 1948 and "forestry" means the growing of woods and forests for the production of timber and other forest products and the growing of trees for planting in such woods and forests.”.