SCHEDULES
SCHEDULE 26 Transitional Provisions and Savings
Part VII Compulsory Purchase and Works Powers
Compulsory purchase orders and works orders
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1
Where—
a
any compulsory purchase order made by virtue of any enactment repealed by this Act;
b
c
any resolution for extinguishing a right of way under section 9 of Schedule 3 to the 1945 Act,
is in force or effective immediately before the transfer date, then, notwithstanding any repeal made by this Act, that order or resolution, and any enactment repealed by this Act in so far as it relates to that order or resolution, shall continue to have effect on and after that date, as they had effect before that date, subject to such modifications as are necessary for the purposes of sub-paragraph (4) below.
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
4
In so far as the provisions of a scheme under Schedule 2 to this Act allocate a water authority’s rights or liabilities in relation to any order or application saved by sub-paragraph (1) . . . F2 above to any person, that person shall, on and after the transfer date, stand in the place of that water authority for the purposes of the provision made by that sub-paragraph.
5
On and after the transfer date, any obligation of a water authority by virtue of section 20(5) of the 1973 Act (obligation to provide recreational facilities etc.) which, in accordance with this paragraph and a scheme under Schedule 2 to this Act, becomes an obligation of a water undertaker shall be enforceable under F3section 18 of the Water Industry Act 1991 by the Secretary of State.