Waterworks Clauses Act 1863
| Jurisdiction | UK Non-devolved |
| Citation | 1863 c. 93 |
| Year | 1863 |
(26 & 27 Vict.) C A P. XCIII.
[28th July 1863]
'WHEREAS The Waterworks Clauses Act, 1847, was passed in order to comprise in One Actsundry Provisions which were at the Time of the passing of that Act usually introduced into Acts of Parliament authorizing the Construction of certain Waterworks:
And whereas sundry Provisions of the like Nature, but not comprised in the said Act, are now frequently introduced into Acts of Parliament relating to Waterworks, and it is expedient to comprise such last-mentioned Provisions also in One Act, and that as well for the Purpose of avoiding the Necessity of repeating such Provisions in Special Acts relating to Waterworks, as for ensuring greater Uniformity in the Provisions themselves:'
Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:
Preliminary.
1 Short Title.
1. This Act may be cited as TheWaterworks Clauses Act, 1863; and The Waterworks Clauses Act, 1847, and this Act may be cited together as The Waterworks Clauses Acts, 1847 and 1863.
2 Application of Act and Interpretation of Terms.
2. This Act shall apply to any Waterworks to which any Special Act hereafter passed and incorporating this Act relates; and every such Special Act is herein-after referred to as ‘the Special Act.’
Terms used in this Act have the same Meanings as the same Terms have when used in The Waterworks Clauses Act, 1847.
The Provisions respecting the Recovery of Penalties contained in the last-mentioned Act shall be incorporated with this Act.
Security of Reservoirs.
3 Power for Justices to inquire as to Danger of Reservoir.
And with respect to the Security of the Reservoirs constructed by the Undertakers, be it enacted as follows:
3. Whenever any Person interested complains to Two Justices that any Reservoir constructed by the Undertakers is in a dangerous State, such Justices shall forthwith make Inquiry into the Truth of the Complaint; or Two Justices, on their own View, and without Complaint by any Person, may proceed under the present Provisions as if a Complaint had been so made to them.
4 Order of Justices for immediate Repair.
4. If, on any such Inquiry, the Justices are satisfied that the Complaint is well founded, and that the Reservoir is in a dangerous State, and that the Danger is so imminent as not to admit of Delay in removing the Cause of Complaint, they shall order such Person as they think fit to enter on the Property of the Undertakers, and to lower the Water in the Reservoir, and to execute and do all such Works and Things as the Justices think requisite and proper for removing the Cause of Complaint.
5 Order of Justices on Undertakers to repair Reservoir.
5. If, on any such Inquiry, the Justices are satisfied that there is good Cause of Complaint, but are not satisfied that the Reservoir is in such an imminently dangerous State as not to admit of Delay in removing the Cause of Complaint, they shall issue their Summons to the Undertakers to answer the Complaint; and upon hearing the Parties, the Justices may, or upon Default of Appearance of the Undertakers, then in their Absence, the Justices shall order the Undertakers, within such Period as the Justices think reasonable and specify in the Order, to lower the Water in the Reservoir, and to execute and do all such Works and Things as the Justices think requisite and proper for removing the Cause of Complaint.
If the Undertakers fail to execute or do within that Period any such Work or Thing, the Justices who made the Order, or any other Two Justices, on being satisfied of such Failure, may either order such Persons as the Justices think fit to enter on the Property of the Undertakers, and to lower the Water in the Reservoir, and to execute and do all such Works and Things as the Justices think requisite and proper for removing the Cause of Complaint; or may, if they think fit, by Order impose on the Undertakers a Penalty, not exceeding Ten Pounds, for every Day during which such Failure continues after the making of the Order imposing the Penalty.
6 Form of Order.
6. Any Order of Justices made in any of the Cases aforesaid shall be in Writing under their Hands, and may be in the Form set forth in the Schedule to this Act, with such Variations as Circumstances require.
7 Persons acting under Order not Trespassers.
7. Any Person acting under and in pursuance of any such Order shall not be deemed a Trespasser; and if any Person wilfully obstructs any Person lawfully acting in obedience to any such Order, or wilfully does, or instigates, or suffers to be done, anything in contravention thereof, he shall for every such Offence be liable to a Penalty not exceeding Fifty Pounds.
8 Order for Payment of Costs and Expenses.
8. The Justices may order all, or such Part as they think fit, of the Costs of and incident to the applying for and obtaining of any such Order to be paid by the Undertakers, and also all, or such Part as the Justices think fit, of the Expenses of the Works and Things executed and done in pursuance of any such Order by any Person other than the Undertakers, to be paid by the Undertakers to such Person as the Justices appoint.
If the Justices before whom the Complaint is made think that there is no sufficient Ground for the Complaint, they may, if they think fit, order the Complainant to pay to the Undertakers the whole or any Part of their Costs of or incident to the Complaint.
9 Appeal by Undertakers.
9. If the Undertakers consider themselves aggrieved by any Order or Determination of Justices under the present Provisions, they may in like Manner and subject to the like Conditions as by The Railways Clauses Consolidation Act, 1845, are provided in the Case of Appeals in respect of Penalties, appeal to the Court of General or...
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