Water Act 1989

General transitional provision

29 (1) Without prejudice to paragraph 23(3) of Schedule 13 to this Act, any licence granted, notice given or other thing done by or in relation to a water authority under any provision of the 1963 Act, being a provision which continues in force after the transfer date, shall have effect on and after that date, in so far as the licence, notice or other thing is in force or effective immediately before that date—

(a) so far as necessary for the purposes of, or in connection with, the allocation to the water authority’s successor company by a scheme under Schedule 2 to this Act of any rights or liabilities which have arisen or might arise under that Act, as if it had been granted, given or done by or in relation to that company; and

(b) subject to paragraph (a) above, as if it had been granted, given or done by or in relation to the Authority.

(2) Without prejudice to the generality of sub-paragraph (1) above, any subordinate legislation made under the 1963 Act which is in force immediately before the transfer date and has effect in relation to a water authority shall, subject to the provisions of that Act and any necessary modifications, have effect on and after that date in relation to the Authority as it had effect immediately before that date in relation to that water authority.

(3) Where—

(a) an application for a licence under the 1963 Act has been made before the transfer date to the Secretary of State by a water authority in pursuance of any regulations under section 52 of that Act (modification of Act in the case of water authority abstractions etc.); and

(b) that application is pending on that date and is an application the rights and liabilities in respect of which are allocated by a scheme under Schedule 2 to this Act to the water authority’s successor company,

the Secretary of State shall refer that application to the Authority to be determined on or after that date as if it were an application made to the Authority under that Act and may direct, in relation to such an application, that specified requirements of that Act with respect to procedure and publicity are not to apply, or are to be deemed to have been complied with if the requirements set out in the direction are complied with.

(4) Subject to sub-paragraph (1) above, a licence of right, within the meaning of the 1963 Act, which is in force under that Act immediately before the transfer date shall continue in force under that Act on and after that date notwithstanding the repeals made by this Act.