Section 96H Section 96G: procedure and revocationsF1

(1)

A designation under section 96G(1) or revocation of such a designation under subsection (3)(c)—

(a)

must be in writing,

(b)

must be published as soon as practicable after being made, and

(c)

takes effect in accordance with subsection (3) or (4) (as appropriate).

(2)

A designation under section 96G(1) may be made at the same time, or at any time after the time, that the designation under section 96C(1) or (2) of the area as a sensitive catchment area is made.

(3)

A designation under section 96G(1)—

(a)

if made before the time that the designation under section 96C(1) or (2) takes effect, takes effect at the same time as that designation;

(b)

if made after the time that the designation under section 96C(1) or (2) takes effect, takes effect on the day specified in it;

(c)

may be revoked.

(4)

A revocation under subsection (3)(c)—

(a)

takes effect—

(i)

on the day specified in the revocation, or

(ii)

if none is specified, on the day on which it is made;

(b)

has no effect in relation to the designation of the area under section 96C(1) or (2);

(c)

may specify the upgrade date that is to apply in relation to nutrient significant plants (see section 96E(3)).

(5)

In determining whether an upgrade date should be specified under subsection (4)(c), the Secretary of State may take into account, in particular, advice from, or guidance published by, Natural England or the Environment Agency.

Annotations

Textual amendments

F1: Ss. 96B-96N inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 168(1), 255(6) (with s. 247)

Notes on Part IV

Modifications

C1: Pt. IV: power to apply conferred (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 78(2)(b), 225(2).
C2: Pt. IV saved (1.12.1991) by Statutory Water Companies Act 1991 (c. 58, SIF 130), ss. 1(4), 17(2).

Notes on Chapter I

Textual amendments

F1: Word in Pt. 4 Ch. 1 heading inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 84; S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)