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Water Act 1989

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10(1)Any person designated in writing for the purpose by the Authority or by a water undertaker or sewerage undertaker may enter any premises for any of the purposes specified in sub-paragraph (2) below.

(2)The purposes mentioned in sub-paragraph (1) above are—

(a)the carrying out of any survey or tests for the purpose of determining—

(i)whether it is appropriate and practicable for the Authority or, as the case may be, the undertaker to exercise any power conferred by this Schedule;

(ii)how any such power should be exercised; or

(b)the exercise of any such power.

(3)The power by virtue of sub-paragraph (1) above of a person designated by the Authority, or by a water undertaker or sewerage undertaker, to enter any premises for the purposes of carrying out any survey or tests shall include power—

(a)to carry out experimental borings or other works for the purpose of ascertaining the nature of the sub-soil; and

(b)to take away and analyse such samples of water or effluent or of any land or articles as the Authority or, as the case may be, the undertaker considers necessary for the purpose of determining either of the matters mentioned in sub-paragraph (2)(a) above and has authorised that person to take away and analyse.

(4)Without prejudice to any power exercisable by virtue of a warrant under section 178 of this Act, no person shall make an entry into any premises by virtue of this paragraph except—

(a)in an emergency; or

(b)at a reasonable time and after seven days' notice of the intended entry has been given to the occupier of the premises.

(5)The reference in sub-paragraph (4) above to an emergency—

(a)in relation to any entry to premises for the purposes of, or for purposes connected with, the exercise or proposed exercise of any power conferred by paragraph 2 above, includes a reference to any circumstances requiring the carrying out of emergency works within the meaning of the [1950 c. 39.] Public Utilities Street Works Act 1950; and

(b)in relation to any other entry to premises, includes a reference to any danger to property and to any interruption of a supply of water provided to any premises by any person and to any interruption of the provision of sewerage services to any premises.

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