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Water Act 2003

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Changes over time for: Section 16

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Changes to legislation:

Water Act 2003, Section 16 is up to date with all changes known to be in force on or before 12 February 2025. 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. Help about Changes to Legislation

16Protection from derogationE+W

This section has no associated Explanatory Notes

(1)Section 39 of the WRA (obligation to have regard to existing rights and privileges) is amended as provided in subsections (2) to (5).

(2)In subsection (1), at the beginning there is inserted “ Subject to subsection (1A) below, ”.

(3)After subsection (1) there is inserted—

(1A)Subsection (1) above does not apply when—

(a)the application to be determined is one which does not fall within subsection (1A) of section 38 above only because paragraph (b) of that subsection is not satisfied; or

(b)the determination of an application is being concluded in accordance with subsection (1C) of that section.

(4)Subsection (3) is omitted.

(5)In subsection (4), for “section 27(6) above or, as the case may be, section 48(1) below” there is substituted “ (as the case may be) section 39A(2) or (7), 48(1) or 59C(10) below or section 102(3) of the Water Act 2003, or in a provision made in an order by virtue of section 10(5)(b) of that Act, in each case subject to any limitations mentioned there ”.

(6)In section 42 of the WRA (consideration of called-in applications)—

(a)in subsection (4), at the beginning there is inserted “ Subject to subsection (4A) below, ”, and

(b)after subsection (4) there is inserted—

(4A)Subsection (1A) of section 39 above applies in relation to subsection (4) above as it applies in relation to section 39(1) above.

(7)In section 44 of the WRA (determination of appeals)—

(a)in subsection (4), at the beginning there is inserted “ Subject to subsection (4A) below, ”, and

(b)after subsection (4) there is inserted—

(4A)Subsection (1A) of section 39 above applies in relation to subsection (4) above as it applies in relation to section 39(1) above.

Commencement Information

I1S. 16(1)-(3) (6) (7) in force at 1.4.2004 by S.I. 2004/641, art. 3(e) (with Sch. 3 para. 7)

I2S. 16(1) in force at 1.4.2005 in so far as not already in force by S.I. 2005/968, art. 2(c)

I3S. 16(4)(5) in force at 1.4.2005 by S.I. 2005/968, art. 2(c)

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