The Yorkshire Water Authority (East Ness Boreholes) Order 1989

Statutory Instruments

1989 No. 818

WATER, ENGLAND AND WALES

The Yorkshire Water Authority (East Ness Boreholes) Order 1989

Made

10th May 1989

Coming into force

11th May 1989

The Secretary of State for the Environment, on the application of the Yorkshire Water Authority, 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 Yorkshire Water Authority (East Ness Boreholes) Order 1989 and shall come into force on the 11th May 1989.

(2) This Order shall be included among the enactments which may be cited together as the Yorkshire Water Authority Acts and Orders 1974 to 1989.

(3) In this Order–

“the Authority” means the Yorkshire Water Authority;

“the deposited plan” means the plan prepared in duplicate, signed by an Under Secretary in the Department of the Environment and marked “Plan referred to in the Yorkshire Water Authority (East Ness Boreholes) Order 1989”, one duplicate of which is deposited and available for inspection at the principal office of the Authority and the other at the offices of the Secretary of State for the Environment;

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

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

Power to construct, continue and maintain works

2.—(1) The Authority may, on or under the land described in Schedule 1 to this Order construct, continue and maintain the following works–

(a) five boreholes in the locations marked on the deposited plan;

(b) (in addition to the works authorised by section 4 of the Third Schedule as applied to the undertaking by this Order) all such pumping stations, wells, boreholes, adits and headings as may be necessary or expedient for augmenting, improving or maintaining the supply of water obtainable by means of those boreholes.

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

Application of certain provisions of the Third Schedule

3.  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

10th May 1989

SCHEDULE 1 DESCRIPTION OF LAND

Two plots of land in the Parish of Ness in the District of Ryedale in the County of North Yorkshire shown coloured pink on the deposited plan, having a combined area of 1.621 hectares or thereabouts and forming part of enclosure numbers 1359 and 5477 on the 1/2500 Ordnance Survey Map sheet numbers SE 7078–7178 and SE 6878–6978 respectively (1979 edition).

SCHEDULE 2 PROVISIONS OF THE THIRD SCHEDULE APPLIED

(1)	(2)
Provisions applied	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”.
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)	In subsection (1), for the words from “the council” to the end of the subsection substitute “the council of every county and district affected by the special Act.”.

(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.