# The Water Resources (Succession to Licences) Regulations 1969, Regulation 8: Application of provisions of Part IV of the Act


(1) In relation to an application for a licence made by virtue of these regulations, or to a person entitled to make such an application, the provisions of Part IV of the Act shall have effect subject to the exceptions and modifications specified in this regulation.
(2) Section 27 (which relates to entitlement to apply for a licence) shall have effect as if subsection (3) included a requirement that the occupation of, or right of access to, land mentioned in that subsection shall be such as to afford access to the relevant point or points of abstraction specified in the original licence.
(3) Section 28 (which relates to notice of an application), section 29 (which relates to the determination of an application by the river authority), section 38 (which relates to the reference of applications to the Minister) and section 41 (which contains provisions supplementary to sections 38 to 40) shall not have effect.
(4) Sections 23, 31 and 49 (which relate respectively to the restriction on abstracting water, the effect of a licence and penalties) shall each have effect with a modification providing—
(a) that, during the period beginning with the time at which any person other than the holder of the original licence becomes entitled to apply under these regulations for a licence and ending on the relevant date (as hereinafter defined), that person shall be deemed for the purposes of the section to be the holder of a licence containing such provisions as, having regard to all the circumstances of the case, could reasonably be expected to be included in any licence granted to him in virtue of his entitlement under the regulations, and
(b) that, for the purposes of the section, any licence granted on an application accordingly made by that person shall be treated as not having effect until the application has been disposed of.
In this paragraph “the relevant date” means, in a case where the relevant entitlement expires or is determined by virtue of a provision of these regulations, the date of that expiry or determination, and, in any other case, means the date on which the relevant application under the regulations for a licence is disposed of; and subsection (7) of section 56 of the Act (with the exception of paragraph (b) thereof) shall apply for determining when an application is to be taken to be disposed of for the purposes of this provision as it so applies for the purposes of section 56.
(5) The last preceding paragraph shall apply in relation to section 26 as it applies in relation to the sections specified in that paragraph, with the substitution therein, for the words “during the period beginning with the time at which any person other than the holder of the original licence becomes entitled to apply”, of the words “during the period beginning with the date on which any person other than the holder of the original licence entitled to do so duly applies.”

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Source: https://www.legislation.gov.uk/uksi/1969/976/regulation/8 (the official version)
Page: https://openlegislation.uk/water-resources-succession-to-licences-regulations-1969/regulation-8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.