Water Act 2003

16 Protection from derogation

(1) Section 39 of the WRA (obligation to have regard to existing rights and privileges) is amended as provided in subsections (2) to (5).

(2) In subsection (1), at the beginning there is inserted “Subject to subsection (1A) below,”.

(3) After subsection (1) there is inserted—

“(1A) Subsection (1) above does not apply when—

(a) the application to be determined is one which does not fall within subsection (1A) of section 38 above only because paragraph (b) of that subsection is not satisfied; or

(b) the determination of an application is being concluded in accordance with subsection (1C) of that section.”

(4) Subsection (3) is omitted.

(5) In subsection (4), for “section 27(6) above or, as the case may be, section 48(1) below” there is substituted “(as the case may be) section 39A(2) or (7), 48(1) or 59C(10) below or section 102(3) of the Water Act 2003, or in a provision made in an order by virtue of section 10(5)(b) of that Act, in each case subject to any limitations mentioned there”.

(6) In section 42 of the WRA (consideration of called-in applications)—

(a) in subsection (4), at the beginning there is inserted “Subject to subsection (4A) below,”, and

(b) after subsection (4) there is inserted—

“(4A) Subsection (1A) of section 39 above applies in relation to subsection (4) above as it applies in relation to section 39(1) above.”

(7) In section 44 of the WRA (determination of appeals)—

(a) in subsection (4), at the beginning there is inserted “Subject to subsection (4A) below,”, and

(b) after subsection (4) there is inserted—

“(4A) Subsection (1A) of section 39 above applies in relation to subsection (4) above as it applies in relation to section 39(1) above.”