43In section 97 of the Water Resources Act 1963—
(a)in subsection (2), for the words from " and section 35 " to the end substitute " and any question as to the existence or extent of any such customary obligations shall be determined by the Secretary of State whose decision shall be final:
Provided that the Secretary of State may at any time before the question is determined, and shall, if so directed by the High Court, state in the form of a special case for the opinion of the High Court any question of law arising in those proceedings " ;
(b)in subsection (3), for the words from " and section 35 " to the end substitute " and any question arising under this subsection shall be determined as if it were such a question as is mentioned in subsection (2) of this section "; and
(c)in subsection (8), for " (1) to (7) ", wherever occurring, substitute " (2) to (7) ".