C4 Part II Water Resources Management
C2C3C5C7C8C9C10C11C12C13C14 Chapter II ABSTRACTION AND IMPOUNDING
Chapter 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
Chapter II of Part II modified (18.12.1996) by 1996 c. 61, s. 52, Sch. 15 Pt. III para. 11
Pt. 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)
Pt. 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)
Pt. 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)
Pt. II Ch. II modified (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 17 para. 11
Pt. 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)
Pt. 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
Pt. 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
Pt. 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)
Pt. 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)
Appeals with respect to decisions on licence applications
C1C1543 Appeals to the Secretary of State.
1
Where an application has been made to the F3appropriate agency for a licence under this Chapter, the applicant may by notice appeal to the Secretary of State if—
C6a
the applicant is dissatisfied with the decision of the F3appropriate agency on the application; or
b
the F3appropriate agency fails within the period specified in subsection (2) below to give to the applicant either—
i
notice of the F3appropriate agency's decision on the application; or
ii
notice that the application has been referred to the Secretary of State in accordance with any direction under section 41 above.
F11A
This section is subject to section 114 of the 1995 Act (delegation or reference of appeals etc).
2
The period mentioned in subsection (1)(b) above is—
a
except in a case falling within paragraph (b) below, such period as may be prescribed; and
b
where an extended period is at any time agreed in writing between the applicant and the F3appropriate agency, the extended period.
3
A notice of appeal under this section shall be served—
a
in such manner as may be prescribed; and
b
within such period as may be prescribed, being a period of not less than twenty-eight days from, as the case may be—
i
the date on which the decision to which it relates was notified to the applicant; or
ii
the end of the period which, by virtue of subsection (2) above, is applicable for the purposes of subsection (1)(b) above.
4
Where a notice is served under this section in respect of any application, the applicant shall, within the period prescribed for the purposes of subsection (3)(b) above, serve a copy of the notice on the F3appropriate agency.
5
Where any representations in writing with respect to an application were made within the period specified F2in any such notice as is referred to in section 37(4)(b) above, the Secretary of State shall, before determining an appeal under this section in respect of the application, require the F3appropriate agency to serve a copy of the notice of appeal on each of the persons who made those representations.
Pt. 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