HC Deb 04 July 1989 vol 156 c183

Amendment made in lieu of Lords amendment No. 239:

(b), in page 267, leave out lines 11 to 20 and insert 'only after reasonable notice of the proposed exercise of the power has been given to the owner and to the occupier of the land where the power is to be exercised. (5) Subject to sub-paragraph (6) below, in relation to any exercise of the powers conferred by this paragraph for the purpose of laying or altering a relevant pipe, the minimum period that is capable of constituting reasonable notice for the purposes of sub-paragraph (4) above shall be deemed—

  1. (a) where the power is exercised for the purpose of laying a relevant pipe otherwise than in substitution for an existing pipe of the same description, to be three months; and
  2. (b) where the power is exercised for the purpose of altering an existing pipe, to be forty-two days.
(6) Sub-paragraph (5) above shall not apply in the case of any notice given within the period of one year beginning with the transfer date or in the case of any notice given with respect to the exercise of any power in an emergency or for the purpose of—
  1. (a) laying or altering a service pipe; or
  2. (b) complying with a duty imposed under section 40 or 70 of this Act.'.

Amendment made in lieu of Lords amendment No. 239:

(c), in page 268, line 38, at end insert— `( ) The Secretary of State may by regulations make provision requiring the Authority or any water undertaker or sewerage undertaker, where it is proposing or has begun to exercise any power conferred by virtue of paragraph 4 or 5 above in a prescribed case, to make advance payments on account of compensation that will become payable in respect of the exercise of that power.'.

Lords amendment No. 240 disagreed to.

Lords amendments Nos. 241 to 266, 268 to 276 and 278 to 311 agreed to. [Some with Special Entry.]

Forward to