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Utilities Act 2000, Section 74 is up to date with all changes known to be in force on or before 15 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Section 7B of the 1986 Act (general provisions about licences) is amended as follows.
(2)After subsection (2) there is inserted—
“(2A)Where the Authority proposes to refuse the application, it shall give to the applicant a notice—
(a)stating that it proposes to refuse the application;
(b)stating the reasons why it proposes to refuse the application; and
(c)specifying the time within which representations with respect to the proposed refusal may be made,
and shall consider any representations which are duly made and not withdrawn.”
(3)In subsection (4)—
(a)in paragraph (a) for “section 4 or 4A above” there is substituted “ sections 4AA, 4AB and 4A ”; and
(b)paragraph (b) (which is superseded by provision made in section 4AA) is omitted.
(4)After subsection (4) there is inserted—
“(4A)Without prejudice to the generality of paragraph (a) of subsection (4), conditions included in a licence under section 7 by virtue of that paragraph—
(a)may require the licence holder to enter into agreements with other persons for the use of any pipe-line system of his (wherever situated and whether or not used for the purpose of carrying on the activities authorised by the licence) for such purposes as may be specified in the conditions;
(b)may include provision for determining the terms on which such agreements are to be entered into.”
(5)In subsection (5)(a)(iii) for “specified or described” there is substituted “ referred to ”.
(6)In subsection (6) the words “specified or described in the licence” shall cease to have effect.
(7)After subsection (10) there is inserted—
“(11)In this section “prescribed” means prescribed in regulations made by the Authority.”
Commencement Information
I1S. 74 wholly in force at 1.10.2001; s. 74 not in force at Royal Assent see s. 110(2); s. 74(1) in force for the purpose of s. 74(3) and s. 74(3) in force at 20.12.2000 by S.I. 2000/3343, art. 2, Sch.(subject to transitional provisions in arts. 3-15); s. 74(1)(3)(6)(7) in force for specified purposes at 16.5.2001 by S.I. 2001/1781, art. 2, Sch. (subject to transitional provisions in arts. 3-10); s. 74(1)(4)-(7) in force for all remaining purposes and s. 74(2) in force for all purposes at 1.10.2001 by S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)
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