{
  "url": "https://openlegislation.uk/water-resources-succession-to-licences-regulations-1969/note",
  "json_url": "https://openlegislation.uk/water-resources-succession-to-licences-regulations-1969/note.json",
  "legislation": "uksi/1969/976",
  "legislation_title": "The Water Resources (Succession to Licences) Regulations 1969",
  "legislation_url": "https://openlegislation.uk/water-resources-succession-to-licences-regulations-1969",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "These regulations are made by the Minister of Housing and Local Government, in consultation with the Secretary of State for Wales, principally under section 32(3) of the Water Resources Act 1963. They confer rights in respect of the licensed abstraction of water on persons who (in circumstances where section 32(1) of the Act does not apply) become the occupiers of land formerly occupied by the holder of a licence to abstract water for use on the land.\nWhere the holder of a licence (“the original holder”) has been the occupier of, and ceases to occupy, the whole of the land specified in the licence (“the original licence”) as the land on which water abstracted under the licence is to be used, and another person (a “successor”) becomes the occupier of the whole of that land, the licence is automatically transferred to the successor by section 32(1) of the Act. The regulations apply where a successor becomes the occupier of only a part of the land so specified in the licence. This may happen in various circumstances. For the purposes of the regulations a distinction is drawn between one type of case and the remainder, as follows:—\nA. A successor becomes the occupier of all the relevant land which the original holder occupied immediately before the event by reason of which he ceased to be the occupier (“the relevant event”), but the land so occupied by the original holder was only a part of the land specified in the original licence as the land on which water abstracted is to be used. (Except for the purposes of succession under section 32, it is not a requirement of the Act that an applicant for a licence shall be the occupier of the land on which water abstracted in pursuance of the licence is to be used.)\nB. A successor becomes the occupier of only a part of the relevant land occupied by the original holder immediately before the relevant event, whether the land so occupied by the original holder was the whole or only a part of the land specified in the original licence. (This class covers cases where the original holder retains part of the relevant land in his occupation and ceases to occupy part; and cases where, although the original holder ceases to occupy all the relevant land in his occupation, the successor, or each of several successors, becomes the occupier of only a part of that land.)\nIn the regulations the relevant land of which the original holder was the occupier immediately before the relevant event is called “the original land” (regulation 2(1)).\nIn case A, where a successor replaces the original holder as occupier of all “the original land” but not of all the land specified in the licence, regulation 4(1) (corresponding to section 32(1)) transfers the licence to the successor to hold subject to the provisions of regulation 4(2) (corresponding to section 32(2)). But the operation of regulation 4(1) is subject to the provisions of paragraphs (3) and (4) having regard to difficulties that may be encountered in connection with the automatic transfer of a licence which serves other land in addition to the land which is the subject of the relevant change in occupation. Action can be taken to avoid the effect of regulation 4(1) in any case where it is desired that the original holder should keep the licence. And, when the original licence is transferred and another person has, or acquires, an entitlement with respect to it in the circumstances mentioned in regulation 4(4), the person who is the new holder of the licence by virtue of regulation 4(1) assumes the function which the original holder would have had under regulation 5(3) to enable that other person to obtain a licence, and takes over with the original licence any outstanding application with respect to it which the original holder may already have made for that purpose.\nThe cases in class B are provided for by regulation 5. A successor who, within two years from the date of the relevant event, becomes the occupier of a part of “the original land” is entitled, subject to conditions, to apply for and to be granted, in respect of the land he occupies, a new licence containing provisions determined in accordance with regulation 7 by reference to the provisions of the original licence. The right to apply is subject to section 27 of the Act as modified by the regulations. By virtue of regulation 5(3) the right to the grant of a new licence is subject to the condition that the holder of the original licence has made such an application as will have the effect of revoking those provisions of the original licence which are to be included in the new licence granted to the successor. This condition does not apply if there is no holder of the original licence competent to make such an application (e.g. where the original holder has died and the licence has not passed to a successor under regulation 4).\nRegulation 6 provides that, where application is made by a successor in pursuance of regulation 5 for the grant of a new licence containing provisions derived from the original licence, the original holder, if he continues to be the occupier of a part of “the original land”, shall be entitled to apply for a new licence in substitution for the original licence. The new licence to which the original holder is then entitled if a licence is granted to the successor is, in effect, the original licence minus those of its provisions which are incorporated in the new licence granted to the successor.\nRegulation 7 deals with the provisions to be included in a licence granted in response to an application under regulation 5. The new licence must reflect as nearly as may be the relevant provisions of the original licence. As respects the quantity of water to be authorised, the basic entitlement of the applicant is to be allowed to take at a particular point of abstraction, for use for a particular purpose on land of which he has become the occupier, the same quantity of water as would have been taken at that point in accordance with the original licence for use for the same purpose on the same land. In some cases this will involve an apportionment of a quantity specified in the original licence and this is provided for by regulation 7(2)(b). Apart from the basic entitlement. provision is made in regulation 7(3) for “transferring” to a point of abstraction to which the new licence relates (being one of two or more points of abstraction specified in the original licence) a quantity which under the original licence was authorised to be taken at some other point (not available to the applicant) for use on land of which the applicant has become the occupier.\nRegulation 8 (in pursuance of section 32(4)) specifies exceptions and modifications subject to which the provisions of Part IV of the Act are to have effect. Paragraph (2) modifies section 27(3) of the Act which (as amended by the Act of 1968) requires that an applicant for a licence to abstract water from underground strata shall be the occupier of land consisting of or comprising those strata, or, in certain circumstances, that he shall have a right of access to such land. For the purposes of the regulations an applicant must have access to an existing point of abstraction specified in the original licence. Paragraph (3) excepts certain provisions of the Act (including section 28 which requires notice of an application to be published) as being inappropriate to applications in pursuance of an entitlement under the regulations. The right of appeal to the Minister ( sections 39 and 40) is unaffected, but the relevant supplementary provisions of section 41 are replaced by regulation 7(5). Paragraphs (4) and (5) make provision (on the lines of that made by section 56(1)) to enable a successor to start abstracting as soon as he has become the occupier of relevant land and is entitled to apply for a licence.\nThe Schedule (in pursuance of section 54 of the Act) deals with the manner in which applications in pursuance of the regulations are to be made and prescribes the particulars required to be included in such applications.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "The regulations are also made under section 32(3) and other provisions of the Act as applied:— In the Thames area, by the Thames Conservancy (New Functions of River Authorities in Thames Catchment Area) Order 1964 (S.I. 1964/1251) and the Thames Conservancy (New Functions of River Authorities in London Excluded Area) Order 1964 (S.I. 1964/1252). In the Lee catchment area, by the Lee Conservancy Catchment Board (New Functions of River Authorities) Order 1965 (S.I. 1965/701). (The above Orders were made under section 125 of the Act.) In the Isle of Wight, by the Isle of Wight River and Water Authority Act 1964 (1964 c. xxv)."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Section 27 of the Act has been amended by the Water Resources Act 1968 (1968 c. 35)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1969/976/note",
    "retrieved_at": "2026-10-29T23:10:18.775327+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}