The Cambridge Water (Hinxton Borehole) Order 1987

Statutory Instruments

1987 No. 2006

WATER, ENGLAND AND WALES

The Cambridge Water (Hinxton Borehole) Order 1987

Made

20th November 1987

Coming into force

30th November 1987

The Secretary of State for the Environment, on the application of the Cambridge Water Company, being statutory water undertakers(1), and in exercise of powers conferred by sections 23, 32(1) and 59(1)(2) of the Water Act 1945(3) and now vested in him(4), and of all other powers enabling him in that behalf hereby makes the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Cambridge Water (Hinxton Borehole) Order 1987 and shall come into force on the 30th November 1987.

(2) This Order shall be included among the enactments which may be cited together as the Cambridge Water Acts and Orders 1853 to 1987.

(3) In this Order—

“the Company” means the Cambridge Water Company;

“the Third Schedule” means the Third Schedule to the Water Act 1945;

“the undertaking” means the undertaking of the Company as for the time being authorised by any enactment.

Power to construct, continue and maintain works

2.  The Company may—

(a) continue and maintain the existing borehole on or under the land described in Schedule 1 to this Order and construct, continue and maintain on or under that land a pumping station and pumping plant for the purpose of abstracting water from that borehole;

(b) construct, continue and maintain on or under that land (in addition to the works authorised by section 4 of the Third Schedule as applied to the undertaking by this Order) all such additional wells, boreholes, adits and headings as may be necessary or expedient for augmenting, improving or maintaining the supply of water obtainable by means of that borehole.

Works to form part of the undertaking

3.  The works authorised by this Order shall for all purposes form part of the undertaking.

Application of certain provisions of the Third Schedule

4.  The provisions of the Third Schedule specified in column (1) of Schedule 2 to this Order shall apply to the undertaking, subject to the modifications set out in column (2) thereof.

Signed by authority of the Secretary of State

J. A. L. Gunn

An Under Secretary in the

Department of the Environment

20th November 1987

SCHEDULE 1 DESCRIPTION OF LAND

Land belonging to the Company in the Parish of Hinxton in the District of South Cambridge, having an area of 0.593 acres or thereabouts and forming part of enclosure number 0006 on the 1/2500 Ordnance Survey Plan Sheet TL 5047 — TL 5147 (1981 edition).

SCHEDULE 2 PROVISIONS OF THE THIRD SCHEDULE APPLIED

(1)Provisions applied	(2)Modifications
Section 4 (General power to construct subsidiary works)	(i) omit the words “and to any other provisions of the special Act limiting the powers of the undertakers to abstract water”; (ii) for the words “any land for the time being held by them in connection with their water undertaking” substitute “the land described in Schedule 1 to the special Act”; (iii) after the word “buildings” insert “means of access”.
Section 6 (Penalty for obstructing construction of works)	—
Part IV (Minerals Underlying Waterworks)	—
Section 92 (Liability of undertakers to pay compensation)	—
Section 94(5) (Copies of special Act to be kept by undertakers in their office, and deposited with certain officers)	—

(1)

See the Water Act 1973 (c. 37), section 11(6).

(2)

See the definition of “Minister”.

(3)

1945 c. 42. There are amendments to sections 23 and 32, but none relevant to this Order.

(4)

S.I. 1951/142, 1900, 1970/1681.

(5)

Section 94(1) was amended by S.I. 1986/1.