Access & Rights over land

Question 1

What is a S.168 Notice and what is the notice period?

Answer 1

A notice which allows a company to proceed with survey works after the expiry of 7 days from the date of service

Question 2

Heads of terms included in a purchase

Answer 2

• Consideration
• Access rights
• Works/Usage
• Vacant Possession
• Fees
• Premises with a plan reference

Question 3

If your gas client was refused access onto land, what powers do they have under the Gas Act?

Answer 3

Unless for emergency works or via an existing easement, gas companies primarily require landowner agreement before entry. They may be afforded CPO powers under schedule 3 Gas Act 1986.

Question 4

What is a s.155 in the Water Industry Act?

Answer 4

Gives water companies the power to acquire interests in and rights over land, provided they are in connection with the carrying out of the works, e.g. an easement for a pipeline.

Question 5

What is a s.159 Notice and what is the notice period?

Answer 5

A notice which gives a company the right to lay new pipes, work on existing pipes, and carry out any works for this purpose.

3 month notice
42 day notice if the works are to alter an existing pipe.

Question 6

What schedule is compensation for damage dealt in?

Answer 6

Schedule 6

Question 7

What powers are in a s.158?

Answer 7

Powers to lay pipes in the street

Question 8

Powers to compulsorily acquire land in the different utility industries

Answer 8

Water = Water Industry Act 1995, s.155

Electricity = Electricity Act 1989, schedule 3

Gas = Gas Act 1986, schedule 3

Question 9

Powers to carry out street works in the different utility industries

Answer 9

Water = Water Industry Act 1995, s.158

Electricity = Electricity Act 1989, Schedule 4

Gas = Gas Act 1986, schedule 4

Question 10

Powers to install, inspect, repair and alter equipment; and to carry out works requisite or incidental to, in the different utility industries

Answer 10

Water = Water Industry Act 1991, s.159

Electricity = Electricity Act 1989, Schedule 4

Gas = Gas Act 1986, Schedule 2

Question 11

Power of entry for exploratory work and surveys in the different utility industries

Answer 11

Water = Water Industry Act 1991, s.169

Electricity = Electricity Act 1989, schedule 4

Gas = None - by negotiation