48 General effect of licence.E+W
(1)For the purposes of this Chapter a person who is for the time being the holder of a licence under this Chapter to abstract water shall be taken to have a right to abstract water to the extent authorised by the licence and in accordance with the provisions contained in it.
(2)In any action brought against a person in respect of the abstraction of water from a source of supply [F1(other than an abstraction in respect of which a claim could be brought under section 48A below, in which case that section shall apply)], it shall be a defence, subject to paragraph 2 of Schedule 7 to this Act, for him to prove—
(a)that the water was abstracted in pursuance of a licence under this Chapter; and
(b)that the provisions of the licence were complied with.
(3)In any action brought against a person in respect of any obstruction or impeding of the flow of any inland waters at any point by means of impounding works, it shall be a defence for him to prove—
(a)that the flow was so obstructed or impeded in pursuance of a licence under this Chapter;
(b)that the obstructing or impeding was in the manner specified in that licence and to an extent not exceeding the extent so specified; and
(c)that the other requirements of the licence (if any) were complied with.
(4)Nothing in subsection (2) or (3) above shall exonerate a person from any action for negligence or breach of contract.
Textual Amendments
F1Words in s. 48(2) inserted (1.4.2005) by Water Act 2003 (c. 37), ss. 24(2), 105(3) (with s. 24(3)(b)); S.I. 2004/641, art. 5 (with Sch. 3 paras. 4, 7)
Modifications etc. (not altering text)
C1S. 48(1) modified (1.4.2005) by The Water Act 2003 (Commencement No. 4, Transitional Provisions and Savings) Order 2005 (S.I. 2005/968), art. 4(1)(3), Sch. 1 paras. 7(10), 8(3)