Water Resources Act 1991

45 Regulations with respect to appeals. E+W

(1) The Secretary of State may by regulations make provision as to the manner in which appeals against decisions [F1 of the Agency under section 36A above or ] on applications for the grant, revocation or variation of licences under this Chapter are to be dealt with, including provision requiring the giving of notices of, and information relating to, the making of such appeals or decisions on any such appeals.

(2) Without prejudice to the generality of subsection (1) above, provision shall be made by regulations under this section for securing that, in prescribed circumstances (being circumstances in which it appears to the Secretary of State that applications for licences under this Chapter would be of special concern to National Park F2 . . . authorities)—

(a) notice of any appeal against the decision on such an application, will be served on any National Park F2 . . . authority who made representations falling within paragraph (b) of section 34(3) above; and

(b) the Secretary of State, in determining the appeal, will take account of any further representations made by such an authority within such period and in such manner as may be prescribed.

[F3 (2A) Subsection (2) above does not apply in relation to appeals against decisions of the Agency under section 36A above.]

(3) Subsections (4) F2 . . . of section 34 above shall apply for the purposes of this section as they apply for the purposes of that section.

Textual Amendments

F1 Words in s. 45(1) inserted (1.4.2006) by Water Act 2003 (c. 37), ss. 13(3)(a), 105(3); S.I. 2006/984, art. 2(h) (with Sch. para. 7)

F2 Words in s. 45 repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

F3 S. 45(2A) inserted (1.4.2006) by Water Act 2003 (c. 37), ss. 13(3)(b), 105(3); S.I. 2006/984, art. 2(h) (with Sch. para. 7)