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Water Resources Act 1991

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Commencement Orders bringing legislation that affects this Act into force:

Call-in of applicationsE+W

41 Secretary of State’s power to call in applicationsE+W

(1)The Secretary of State may give directions to the [F1Agency] requiring applications for licences under this Chapter to be referred to him, instead of being dealt with by the [F1Agency].

(2)A direction under this section—

(a)may relate either to a particular application or to applications of a class specified in the direction; and

(b)may except from the operation of the direction such classes of applications as may be specified in the direction in such circumstances as may be so specified.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Words in s. 41 substituted (subject to other provisions of the amending Act) (1.4.1996) by 1995 c. 25, s. 120, Sch. 22 para. 128 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

42 Consideration of called-in applications.E+W

(1)Subject to the following provisions of this section and to section 46 below, the Secretary of State, on considering a called-in application—

(a)may determine that a licence shall be granted containing such provisions as he considers appropriate; or

(b)if, having regard to the provisions of this Act, he considers it necessary or expedient to do so, may determine that no licence shall be granted.

(2)Before determining a called-in application, the Secretary of State may, if he thinks fit-

(a)cause a local inquiry to be held; or

(b)afford to the applicant and the [F2Agency] an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose;

and the Secretary of State shall act as mentioned in paragraph (a) or (b) above if a request is made by the applicant or the [F2Agency] to be heard with respect to the application.

(3)The provisions of sections 37, 38(1) and (3), 39(2) and 40 above shall apply in relation to any called-in application as if—

(a)any reference in those provisions to the [F2Agency], except the references in sections 37(4)(b) and (6)(a) and 38(3)(a), were a reference to the Secretary of State; and

(b)any reference to section 39(1) above were a reference to subsection (4) below.

(4)In determining any called-in application and, in particular, in determining what (if any) direction to give under subsection (5) below, the Secretary of State shall consider whether any such direction would require the grant of a licence which would so authorise—

(a)the abstraction of water; or

(b)the flow of any inland waters to be obstructed or impeded by means of impounding works,

as to derogate from rights which, at the time when the direction in question is given, are protected rights for the purposes of this Chapter.

(5)Where the decision of the Secretary of State on a called-in application is that a licence is to be granted, the decision shall include a direction to the [F2Agency] to grant a licence containing such provisions as may be specified in the direction.

(6)The decision of the Secretary of State on any called-in application shall be final.

(7)In this section “called-in application” means an application referred to the Secretary of State in accordance with directions under section 41 above.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F2Words in s. 42 substituted (subject to other provisions of the amending Act) (1.4.1996) by 1995 c. 25, s. 120, Sch. 22 para. 128 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

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