- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted). This item of legislation is currently only available in its original format.
8(1)Subject to the following provisions of this paragraph and to paragraph 9 below, where the Authority or any water undertaker—
(a)is exercising or about to exercise any power conferred by any of the preceding provisions of this Schedule; or
(b)is carrying out, or is about to carry out, the construction, alteration, repair, cleaning, or examination of any reservoir, well, borehole, or other work belonging to or used by the Authority or that undertaker for the purposes of, or in connection with, the carrying out of any of its functions,
the Authority or, as the case may be, that undertaker may cause the water in any relevant pipe or in any such reservoir, well, borehole or other work to be discharged into any available watercourse.
(2)It shall be the duty of the Authority and of every water undertaker—
(a)to cause as little loss and damage as possible in the exercise of the powers conferred on it by this paragraph; and
(b)to pay compensation for any loss caused or damage done in the exercise of those powers.
(3)For the purposes of sub-paragraph (2) above any extra expenditure—
(a)which it becomes reasonably necessary for any water undertaker, sewerage undertaker or public authority (other than the one making the discharge) to incur for the purpose of properly carrying out any statutory functions; and
(b)which is attributable to any discharge of water under this paragraph,
shall be deemed to be a loss sustained by the undertaker or public authority and to have been caused in exercise of the powers conferred by this paragraph.
(4)Any dispute as to whether compensation should be paid under sub-paragraph (2) above, or as to the amount of any such compensation, shall be referred to the arbitration of a single arbitrator appointed by agreement between the parties to the dispute or, in default of agreement, by the President of the Institution of Civil Engineers.
(5)If the Authority or any water undertaker fails to take all necessary steps to secure that any water discharged by it under this paragraph is as free as may be reasonably practicable from—
(a)mud and silt;
(b)solid, polluting, offensive or injurious substances; and
(c)any substances prejudicial to fish or spawn, or to spawning beds or food of fish,
the Authority or, as the case may be, the undertaker shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
(6)Nothing in this paragraph shall authorise any discharge which—
(a)damages or injuriously affects the works or property of any railway company or navigation authority; or
(b)floods or damages any highway.
(7)Sections 107 and 108 of this Act shall have effect as if this paragraph and paragraph 9 below were prescribed enactments for the purposes of subsection (1)(e) of the said section 108.
(8)In this paragraph “railway company” has the same meaning as in paragraph 3 above.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: