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Water Act 2003

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This is the original version (as it was originally enacted).

22Proposals for modification at instance of Agency or Secretary of State

This section has no associated Explanatory Notes

(1)Section 52 of the WRA (proposals for modification of licences at the instance of the Agency or the Secretary of State) is amended as follows.

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

(1A)In the case of a licence to obstruct or impede any inland waters, a variation may take the form of a requirement that the impounding works be modified in ways specified in the proposed new provision of the licence.

(3)In subsection (4), for paragraph (b) there is substituted—

(b)be published in the prescribed way or (if no way is prescribed) in a way calculated to bring it to the attention of persons likely to be affected if the licence were revoked or varied as proposed.

(4)In subsection (5), for “otherwise than in the London Gazette” there is substituted “as mentioned in subsection (4)(b) above”.

(5)For subsection (6) there is substituted—

(6)A notice for the purposes of subsection (4) above shall—

(a)include any prescribed matters; and

(b)state that, before the end of a period specified in the notice—

(i)the holder of the licence may give notice in writing to the Agency objecting to the proposals; and

(ii)any other person may make representations in writing to the Agency with respect to the proposals.

(6)For subsection (7) there is substituted—

(7)The period referred to in subsection (6)(b) above—

(a)begins on the date the notice referred to in subsection (4) above is first published as mentioned there; and

(b)shall not end before the end of the period of twenty-eight days beginning with that date.

(7)Subsection (8) is omitted.

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