Paragraph 8 Other exceptions and modifications to the Act in relation to Agency applicationsI1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 2 para. 1 heading words substituted by Natural Resources Body for Wales (Functions) 2013 Sch. 4 para. 247(d)
Sch. 2 para. 2 heading words substituted by Natural Resources Body for Wales (Functions) 2013 Sch. 4 para. 247(d)
Sch. 2 para. 4 heading words substituted by Natural Resources Body for Wales (Functions) 2013 Sch. 4 para. 247(d)
Sch. 2 para. 6 heading words substituted by Natural Resources Body for Wales (Functions) 2013 Sch. 4 para. 247(d)
Sch. 2 para. 8 heading words substituted by Natural Resources Body for Wales (Functions) 2013 Sch. 4 para. 247(d)
Sch. 2 and heading words substituted by Natural Resources Body for Wales (Functions) 2013 Sch. 4 para. 247(d)

(1)

Section 35^f1 (restrictions on persons who may make applications for abstraction licences) has effect—

(a)

in relation to an Agency application that is a called–in application, as if references to the Agency were references to the appropriate authority; and

(b)

in relation to any other Agency application, as if that application were contained in an application made to the Agency.

(2)

Section 36A (applications: types of abstraction licence) does not apply in relation to an Agency application.

(3)

Section 38^f2 (general consideration of applications) has effect in relation to an Agency application (other than a called–in application) as if—

(a)

the application were made to the Agency;

(b)

references to the determination of the application were to its approval under paragraph 6;

(c)

subsection (2) were omitted; and

(d)

in subsection (3), the word “and” at the end of paragraph (a) and paragraph (b) were omitted.

(4)

Section 39^f3 (obligation to have regard to existing rights and privileges) has effect in relation to an Agency application (other than a called–in application) as if the references—

(a)

in subsection (1), to the grant of a licence, and

(b)

in subsection (1A), to a determination,

were references to an approval under paragraph 6.

(5)

Sections 40(1) (obligation to take river flow etc. into account) and 41 (Secretary of State’s power to call–in applications) have effect as if the application were made to the Agency.

Annotations

Commencement

I1: Sch. 2 para. 8 in force at 1.4.2006, see reg. 1(2)

Footnotes

f1: Section 35 was amended by the EA, section 120 and Schedule 22, paragraph 128, and by the WA, section 11.
f2: Section 38 was amended by the EA, section 120 and Schedule 22, paragraph 128, and by the WA, sections 14(3), 15 and 31(2).
f3: Section 39 was amended by the EA, section 120 and Schedule 22, paragraph 128, and by the WA, sections 16 and 101(2) and Schedule 9, Part 1.