Housing Act 1985

296 Apparatus of statutory undertakers. E+W

(1) Section 295(1) (extinguishment of rights over land acquired for clearance and vesting of apparatus in local housing authority) does not apply to—

(a) any right vested in statutory undertakers of laying down, erecting, continuing or maintaining any apparatus, or

(b) any apparatus belonging to statutory undertakers.

(2) Where the removal or alteration of apparatus belonging to statutory undertakers—

(a) on, under or over land purchased by a local housing authority under section 290 (land acquired for clearance), or

(b) on, under or over a street running over, or through, or adjoining any such land.

is reasonably necesssary for the purpose of enabling the authority to exercise any of the powers conferred on them by the provisions of this Part relating to clearance areas, the authority may execute works for the removal or alteration of the apparatus, subject to and in accordance with the provisions of section 297 (procedure for removal or alteration of apparatus).

(3) The local housing authority shall make reasonable compensation to statutory undertakers for any damage sustained by the undertakers by reason of the execution by the authority of works under this section and not made good by the provision of substituted apparatus; and any question as to the right of undertakers to recover such compensation or as to its amount shall be referred to and determined by the [F1 Upper Tribunal].

(4) In this section—

(a) “statutory undertakers” means persons authorised by an enactment, or by an order, rule or regulation made under an enactment, to construct, work or carry on a railway, canal, inland navigation, dock, harbour, tramway, gas, . . . F2 , . . . F3 or other public undertaking;

(b) “apparatus” means sewers, drains, culverts, water-courses, mains, pipes, valves, tubes, cables, wires, tranformers and other apparatus laid down or used for or in connection with the carrying, conveying or supplying to any premises of a supply of water, water for hydraulic power, gas or electricity, and standards and brackets carrying street lamps;

(c) references to the alteration of apparatus include references to diversion and to the alteration of position or level.

Textual Amendments

F1 Words in s. 296(3) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order (S.I. 2009/1307), art. 5(1)(2), {Sch. 1 para. 173} (with Sch. 5)

F2 Word repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(3)(4), Sch. 17 para. 35(1), Sch. 18

F3 Word repealed by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190(3), 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I

Modifications etc. (not altering text)

C1 Ss. 283, 296 extended by Airports Act 1986 (c. 31, SIF 9), s. 58, Sch. 2 para. 1(1)

C2 Ss. 283(2), 296 extended by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(1)(xlviii), Sch. 8 para. 33

C3 S. 296 extended by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 2(4)(e)(9), Sch. 17 paras. 33, 35(1)

S. 296 extended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(1)(xxxvi); S.I. 1996/218, art. 2

C4 S. 296 modified (1.4.2001) by 2000 c. 38, s. 37, Sch. 5 para. 1(2)(o) (with s. 106); S.I. 2001/869, art. 2