C1 Part IV FLOOD DEFENCE
Main river functions
110 Applications for consents and approvals under section 109.
1
2
A consent or approval required under section 109 above—
a
shall not be unreasonably withheld;
b
shall be deemed to have been given if it is neither given nor refused within the relevant period; and
c
in the case of a consent, may be given subject to any reasonable condition as to the time at which and the manner in which any work is to be carried out.
3
For the purposes of subsection (2)(b) above the relevant period is—
a
in the case of a consent, the period of two months after whichever is the later of—
i
the day on which application for the consent is made; and
ii
if at the time when that application is made an application fee is required to be paid, the day on which the liability to pay that fee is discharged;
and
b
in the case of an approval, the period of two months after application for the approval is made.
4
If any question arises under this section whether any consent or approval is unreasonably withheld or whether any condition imposed is reasonable, the question shall—
a
if the parties agree to arbitration, be referred to a single arbitrator appointed by agreement between the parties or, in default of agreement, by the President of the Institution of Civil Engineers; and
b
if the parties do not agree to arbitration, be referred to and determined by F2the Minister or the Secretary of State, according to whether the determination falls to be made in relation to England or Wales.
5
The power of the Ministers to make an order under subsection (1) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
F36
In subsection (1) above “prescribed” means specified in, or determined in accordance with, an order made by the Ministers; and any such order may make different provision for different cases, including different provision in relation to different persons, circumstances or localities.
Pt. IV (ss. 105-113): functions transferred to the Environment Agency (subject to other provisions of the amending Act) (1.4.1996) by 1995 c. 25, s. 2(1)(a)(iii) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3 (with art. 4)