Regulation 4 Rights of a successor on becoming the occupier of the whole of the original land
Subject to the following provisions of this regulation, where the original holder ceases to be the occupier of the whole of the original land and, whether immediately thereafter or subsequently, a successor becomes the occupier of the whole of that land but, by reason of the original land being only a part of the land specified in the original licence as the land on which water abstracted in pursuance of the licence is to be used, does not thereupon become the holder of the original licence by virtue of section 32(1) of the Act,—
the original holder (except where, being an individual, he has died) shall cease to be the holder of the original licence, and
the successor shall become the holder of that licence.
Where the preceding paragraph has effect, the successor shall cease to be the holder of the licence at the end of the period of one month beginning with the date on which he became the occupier of the original land, unless before the end of that period he has given notice to the river authority of the change in the occupation of that land.
Where, in the case of a change or proposed change in the occupation of land in the circumstances, mentioned in paragraph (1) of this regulation, it is the intention of the parties, or of the one who is the original holder, that the original licence should be held by the original holder for purposes for which he could lawfully make use of it but for the operation of the said paragraph (1), then,—
if notice of that intention is given to the river authority by both the parties, and is not withdrawn, before the change in occupation takes place, paragraph (1) of this regulation shall not apply in relation to that change; and
if notice of that intention is given to the river authority by both the parties, and is not withdrawn, before the end of the period specified in paragraph (2) of this regulation (but not before the change in occupation takes place), or if such notice is given to the river authority by the original holder, and is not withdrawn, before the end of that period and the successor does not within that period give notice to the river authority for the purpose of the said paragraph (2), the original holder shall in either case become the holder of the original licence immediately after the successor has ceased, by virtue of that paragraph, to be the holder of it.
A successor who becomes the holder of the original licence by virtue of paragraph (1) of this regulation, and who does not cease to be the holder of the licence by virtue of paragraph (2), shall, in relation to any other person having a relevant entitlement under the next following regulation with respect to the same original licence, stand in the place of the original holder for the purpose of paragraph (3) of that regulation and shall for that purpose be entitled to apply for an appropriate new licence in pursuance of regulation 6 as if he were the original holder in the circumstances specified in regulation 6(1); and, if when the successor becomes the holder of the original licence as aforesaid there is an application made by the original holder with respect to the original licence for the purpose of regulation 5(3) which has not been disposed of, that application shall be deemed to have been adopted by the successor on becoming the holder of the original licence and may be determined accordingly:
provided that reasonable notice shall be given to the successor before a decision is issued on the application as so adopted.
In this paragraph “a relevant entitlement” means an entitlement with respect to the original licence which a person acquires by becoming the occupier of land of which the original holder ceased to be the occupier on an occasion prior to the relevant event pursuant to which the successor becomes the holder of the original licence as aforesaid.