# The Water Resources (Abstraction and Impounding) Regulations 2006, Paragraph 7: Consideration by the appropriate authority

Extent: E+W

Section 42 (consideration of called–in applications) has effect in relation to an Agency application that is a called–in application as if—
(a) in subsection (2)—
(i) the reference in paragraph (b) to the Agency were a reference to any person who has duly made representations in relation to the application; and
(ii) the words “or the Agency” were omitted;
(b) for subsection (4), there were substituted—
“(4) Subject to subsection (4A) below, in determining any called–in application the Secretary of State must consider whether the grant of a licence would so authorise—
(a) the abstraction of water, or
(b) the flow of any inland waters to be obstructed or impeded by means of impounding works,
as to derogate from rights which, at the time of that determination, are protected rights for the purposes of this Chapter.”; and
(c) subsection (5) were omitted.

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Source: https://www.legislation.gov.uk/uksi/2006/641/schedule/2/paragraph/7 (the official version)
Page: https://openlegislation.uk/water-resources-abstraction-and-impounding-regulations-2006/schedule-2/paragraph-7
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.