Part IIE+W Water Resources Management

Modifications etc. (not altering text)

Chapter IIE+W ABSTRACTION AND IMPOUNDING

Modifications etc. (not altering text)

C3Chapter II of Part II modified (18.12.1996) by 1996 c. 61, s. 52, Sch. 15 Pt. III para. 11

C7Pt. II Ch. II modified (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 17 para. 11

Remedies and compensation in respect of infringement of protected rights etc.E+W

63 Secretary of State to indemnify [F1appropriate agency] in certain cases.E+W

(1)Where—

(a)the [F1appropriate agency] is liable under section 60 above to pay damages to any person in consequence of the grant or variation of a licence in compliance with a direction given by the Secretary of State; and

(b)the [F1appropriate agency] pay to that person any sum in satisfaction of that liability,

then, whether an action for recovery of those damages has been brought or not, the Secretary of State may, if he thinks fit, pay to the [F1appropriate agency] the whole or such part as he considers appropriate of the relevant amount.

(2)If—

(a)proposals for revoking or varying the licence, in a case falling within subsection (1) above, are formulated by the [F1appropriate agency], or an application with respect to any licence is made under section 55 above;

(b)in consequence of those proposals or that application, the licence is revoked or varied; and

(c)compensation in respect of the revocation or variation is payable by the [F1appropriate agency] under section 61 above,

the Secretary of State may, if he thinks fit, pay to the [F1appropriate agency] the whole or such part as he considers appropriate of the relevant amount.

(3)Where—

(a)the Secretary of State determines under section 55 above—

(i)that a licence granted in compliance with a direction given by the Secretary of State shall be revoked or varied; or

(ii)that a licence shall not be revoked or varied;

and

(b)in consequence of that determination, compensation is payable by the [F1appropriate agency] under section 62 above,

the Secretary of State may, if he thinks fit, pay to the [F1appropriate agency] the whole or such part as he considers appropriate of the relevant amount.

(4)In this section “the relevant amount” means—

(a)for the purposes of subsection (1) above, the amount of the sum paid by the [F1appropriate agency] and, if an action has been brought against the [F1appropriate agency] in respect of the liability mentioned in that subsection, the amount of any costs reasonably incurred by the [F1appropriate agency] in connection with the action (including any costs of the plaintiff which the [F1appropriate agency] was required to pay); and

(b)for the purposes of subsections (2) and (3) above, the amount of the compensation and, if any question relating to that compensation is referred to the [F2Upper Tribunal], the amount of any costs reasonably incurred by the [F1appropriate agency] in connection with that reference (including any costs of the claimant which the [F1appropriate agency] is required to pay).

Textual Amendments