Modifications etc. (not altering text)
C1Pt. II: transfer of functions to the Environment Agency (1.4.1996) by 1995 c. 25, s. 2(1)(a)(i) (with ss. 115, 117); S.I. 1996/186, art. 3
Modifications etc. (not altering text)
C2Chapter II of Part II excluded (1.4.1996) by 1995 c. 25, s. 6(3) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
C3Chapter II of Part II modified (18.12.1996) by 1996 c. 61, s. 52, Sch. 15 Pt. III para. 11
C4Pt. II Ch. II modified (22.3.2005) by Midland Metro (Wednesbury to Brierley Hill and Miscellaneous Amendments) Order 2005 (S.I. 2005/927), Sch. 11 para. 11 (with art. 51)
C5Pt. II Ch. II modified (26.8.2005) by River Tyne (Tunnels) Order 2005 (S.I. 2005/2222), art. 1, Sch. 10 para. 14 (with arts. 45(1), 48, Sch. 10 paras. 21, 29)
C6Pt. II Ch. II modified (19.3.2007) by Ouseburn Barrage Order 2007 (S.I. 2007/608), art. 1, Sch. 6 para. 18 (with arts. 46-48, Sch. 6 paras. 17(5), 23)
C7Pt. II Ch. II modified (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 17 para. 11
C8Pt. II Ch. II modified (9.6.2009) by Nottingham Express Transit System Order 2009 (S.I. 2009/1300), arts. 1, 71(12) (with Sch. 13 para. 14(2), Sch. 14 para. 19, Sch. 16)
C9Pt. II Ch. II modified (20.7.2010) by The Network Rail (Nuneaton North Chord) Order 2010 (S.I. 2010/1721), art. 1, Sch. 11 para. 12
C10Pt. II Ch. II modified (27.8.2010) by The Llangollen and Corwen Railway Order 2010 (S.I. 2010/2136), art. 1(1), Sch. 4 para. 12
C11Pt. II Ch. II modified (1.9.2010) by The Port of Bristol (Deep Sea Container Terminal) Harbour Revision Order 2010 (S.I. 2010/2020), art. 1(2), Sch. 6 para. 11(1) (with arts. 18, 19)
C12Pt. II Ch. II modified (1.2.2011) by The River Mersey (Mersey Gateway Bridge) Order 2011 (S.I. 2011/41), art. 1, Sch. 10 para. 41(1) (with art. 51, Sch. 10 paras. 6885)
(1)Where it appears to the [F1appropriate agency] that a licence under this Chapter should be revoked or varied, the [F1appropriate agency] may formulate proposals for revoking or varying the licence.
[F2(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.]
(2)Where—
(a)it appears to the Secretary of State (either in consequence of representations made to the Secretary of State or otherwise) that a licence under this Chapter ought to be reviewed; but
(b)no proposals for revoking or varying the licence have been formulated by the [F1appropriate agency] under subsection (1) above,
the Secretary of State may, as he may consider appropriate in the circumstances, give the [F1appropriate agency] a direction under subsection (3) below.
(3)A direction under this subsection may—
(a)direct the [F1appropriate agency] to formulate proposals for revoking the licence in question; or
(b)direct the [F1appropriate agency] to formulate proposals for varying that licence in such manner as may be specified in the direction.
(4)Notice in the prescribed form of any proposals formulated under this section with respect to any licence shall—
(a)be served on the holder of the licence; and
[F3(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.]
(5)If—
(a)a licence with respect to which any proposals are formulated under this section relates to any inland waters; and
(b)the proposals provide for variation of that licence,
a copy of the notice for the purposes of subsection (4) above shall, not later than the date on which it is first published [F4as mentioned in subsection (4)(b) above], be served on any navigation authority, harbour authority or conservancy authority having functions in relation to those waters at a place where the licence, if varied in accordance with the proposals, would authorise water to be abstracted or impounded.
[F5(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 [F1appropriate agency] objecting to the proposals; and
(ii)any other person may make representations in writing to the [F1appropriate agency] with respect to the proposals.]
[F6(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.]
F7(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 52 and heading substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 270(i) (with Sch. 7)
F2S. 52(1A) inserted (1.4.2006) by Water Act 2003 (c. 37), ss. 22(2), 105(3); S.I. 2006/984, art. 2(l)
F3S. 52(4)(b) substituted (1.4.2006) by Water Act 2003 (c. 37), ss. 22(3), 105(3); S.I. 2006/984, art. 2(l)
F4Words in s. 52(5) substituted (1.4.2006) by Water Act 2003 (c. 37), ss. 22(4), 105(3); S.I. 2006/984, art. 2(l)
F5S. 52(6) substituted (1.4.2006) by Water Act 2003 (c. 37), ss. 22(5), 105(3); S.I. 2006/984, art. 2(l)
F6S. 52(7) substituted (1.4.2006) by Water Act 2003 (c. 37), ss. 22(6), 105(3); S.I. 2006/984, art. 2(l)
F7S. 52(8) repealed (1.4.2006) by Water Act 2003 (c. 37), ss. 22(7), 105(3), Sch. 9 Pt. 1; S.I. 2006/984, art. 2(l)(s)(ii)
Modifications etc. (not altering text)
C13S. 52 applied (with modifications) (1.4.2006) by Water Resources (Abstraction and Impounding) Regulations 2006 (S.I. 2006/641), regs. 1(2), 19(1)
C14S. 52(4)-(8) applied (with modifications) (1.3.2012) by The Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003 (S.I. 2003/164), regs. 1(1), 14, 15