Water Act 1989

32 (1) Where an application for the grant of a licence by virtue of paragraph 30 or 31 above is made before the end of the period within which such an application is required to be made under that paragraph, then—

(a) sections 23, 26, 31 and 49 of the 1963 Act and Part II of the [1965 c. 36.] Gas Act 1965 shall have effect, until the application is disposed of, as if the licence had been granted on the date of the application and the provisions of the licence had been in accordance with the proposals contained in the application; and

(b) for the purposes of those sections and Part II of the said Act of 1965 any licence granted on the application shall be treated as not having effect until the application has been disposed of.

(2) Subsection (1) of section 31 of the 1963 Act (effect of licence) shall not afford any defence to an action brought before the end of the period of three years beginning with the transfer date if the licence referred to in that subsection is a licence granted by virtue of paragraph 30 or 31 above; and that subsection as applied by sub-paragraph (1) above shall not afford any defence to such an action.

(3) No compensation shall be payable under section 46 of the 1963 Act (compensation for revocation or variation of a licence) in respect of the revocation or variation of a licence granted by virtue of paragraph 30 or 31 above if the revocation or variation is for giving effect to the decision of the court in an action in respect of which sub-paragraph (2) above has effect or in any proceedings in consequence of such an action.

(4) For the purposes of this paragraph an application for the grant of a licence by virtue of paragraph 30 or 31 above shall be taken to be disposed of on (but not before) the occurrence of whichever of the following events last occurs, that is to say—

(a) the grant, on the determination of the application by the Authority, of a licence the provisions of which are in accordance with the proposals contained in the application;

(b) the expiry, without a notice of appeal having been given, of the period (if any) within which the applicant is entitled to give notice of appeal against the decision on the application;

(c) the determination or withdrawal of an appeal against that decision;

(d) the grant, variation or revocation, in compliance with a direction given by the Secretary of State in consequence of such an appeal, of a licence under the 1963 Act;

and in this sub-paragraph any reference to a decision includes a reference to a decision which is to be treated as having been made by virtue of section 40 of that Act (appeal in default of decision).