126 Agreements containing exemptions from charges.E+W
(1)The [F1 Agency] may, on the application of any person who is liable to pay charges to the [F1Agency] for the abstraction of water under a licence under Chapter II of Part II of this Act, make an agreement with him either exempting him from the payment of charges or providing for charges to be levied on him at reduced rates specified in the agreement.
(2)In the exercise of its powers under subsection (1) above in relation to any person, the [Agency] shall have regard to—
(a)the extent to which any works constructed at any time by that person or any works to be constructed by him have made, or will make, a beneficial contribution towards the fulfilment of the purposes of the functions of the [F1Agency] under any enactment;
(b)any financial assistance which that person has rendered, or has agreed to render, towards the carrying out of works by the [Agency] in the performance of those functions; and
(c)any other material considerations.
(3)The Secretary of State may give directions as to the exercise by the [F1Agency] of its powers under subsection (1) above.
(4)Without prejudice to the exercise of the power conferred by subsection (3) above, if on any application under this section—
(a)the [F1Agency] refuses to make an agreement with the applicant as mentioned in subsection (1) above; or
(b)the applicant objects to the terms of such an agreement as proposed by the [F1 Agency] and that objection is not withdrawn,
the applicant or the [F1Agency] may refer the question in dispute to the Secretary of State.
(5)On a reference under subsection (4) above—
(a)the Secretary of State shall determine the question in dispute, having regard to the matters to which, in accordance with subsection (2) above, the [F1Agency] was required to have regard in relation to the applicant; and
(b)may give directions to the [F1Agency] requiring it to make an agreement with the applicant in accordance with his decision.
F2(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)Any decision of the Secretary of State on a reference under subsection (4) above shall be final; and section 69 above shall apply in relation to the decision on a reference under this section as it applies in relation to a decision on a reference such as is mentioned in subsection (1)(b) of that section, but as if references to the other party were references to the applicant.
Textual Amendments
F1Words in s. 126 substituted (subject to other provisions of the amending Act) (1.4.1996) by 1995 c. 25, s. 120, Sch. 22 para. 128 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F2S. 126(6) repealed (21.9.1995) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 153, Sch. 24 (with ss. 7(6), 115, 117); S.I. 1995/1983, art. 3