41 Secretary of State’s power to call in applicationsE+W
(1)The Secretary of State may give directions to the [F1appropriate agency] requiring applications for licences under this Chapter to be referred to him, instead of being dealt with by the [F1appropriate agency].
(2)A direction under this section—
(a)may relate either to a particular application or to applications of a class specified in the direction; and
(b)may except from the operation of the direction such classes of applications as may be specified in the direction in such circumstances as may be so specified.
[F2(3)An application may not be referred to the Secretary of State under this section—
(a)if in relation to the application the [F1appropriate agency] is still considering whether to make any such decision as is referred to in subsection (1) of section 36A above, or if it has made such a decision but has not yet served the notice referred to in subsection (3) of that section; or
(b)where the [F1appropriate agency] has served a notice on the applicant under subsection (3) of that section, until the period for appealing under that section has expired or (if the applicant appeals) the appeal has been determined.]
Textual Amendments
F1Words in ss. 33A-45 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(g) (with Sch. 7)
F2S. 41(3) added (1.4.2006) by Water Act 2003 (c. 37), ss. 13(2), 105(3); S.I. 2006/984, art. 2(h) (with Sch. para. 7)
Modifications etc. (not altering text)
C1S. 41 applied (1.4.2006) by Water Resources (Abstraction and Impounding) Regulations 2006 (S.I. 2006/641), reg. 1(2), Sch. 2 para. 8(5)