PART 2WORKS PROVISIONS

Supplementary powers and provisions

Water abstraction and impounding20.

(1)

The restriction imposed by section 24(1) of the Water Resources Act 199138 (restrictions on abstraction) does not apply in relation to the abstraction of water for the purposes of, or in connection with, the construction of the authorised works.

(2)

Section 25 of the Water Resources Act 199139 (restrictions on impounding) does not apply in relation to anything done in the exercise of the powers conferred by this Order with respect to the authorised works.

(3)

Section 48A(1) of the Water Resources Act 199140 (civil remedies for loss or damage due to water abstraction) does not apply in relation to the abstraction of water in connection with the exercise of the powers conferred by this Order.

(4)

Where—

(a)

the Agency causes loss or damage to another person by the abstraction of water in connection with the exercise of the powers conferred by this Order, and

(b)

the circumstances are such that, but for paragraph (3), causing the loss or damage would have constituted breach of the duty under section 48A(1) of the Water Resources Act 1991, the Agency must compensate the other person for the loss or damage.

(5)

Compensation under paragraph (4) is to be assessed on the same basis as damages for the breach of the duty under section 48A(1) of the Water Resources Act 1991.

(6)

Section 48A(5) of the Water Resources Act 1991 (prohibition of claims in respect of loss or damage caused by abstraction of water which are not claims under that section) has no application to claims under this article.

(7)

In this article, “abstraction” has the same meaning as in the Water Resources Act 1991.