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23. Section 60(1) (liability of the Agency for derogation from protected right) has effect in relation to—
(a)the grant to the Agency of an abstraction licence or an impounding licence (including any such grant made under section 42 (as modified by paragraph 7 of Schedule 2)),
(b)or any grant which, by virtue of paragraph 6(2) of Schedule 2 is deemed to have been made on the Agency’s approval of an Agency application, or
(c)the variation of any such licence,
as if, in subsection (1), the reference to the duty imposed by subsection (1) of section 39 has effect as if it included a reference to that duty as modified by paragraph 8(4) of Schedule 2.
Section 60 was amended by the EA, section 120 and Schedule 22, paragraph 128.
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