Water Resources Act 1991

41 Secretary of State’s power to call in applications E+W

(1) The Secretary of State may give directions to the [F1 Agency] requiring applications for licences under this Chapter to be referred to him, instead of being dealt with by the [F1 Agency].

(2) A direction under this section—

(a) may relate either to a particular application or to applications of a class specified in the direction; and

(b) may except from the operation of the direction such classes of applications as may be specified in the direction in such circumstances as may be so specified.

[F2 (3) An application may not be referred to the Secretary of State under this section—

(a) if in relation to the application the Agency is still considering whether to make any such decision as is referred to in subsection (1) of section 36A above, or if it has made such a decision but has not yet served the notice referred to in subsection (3) of that section; or

(b) where the Agency has served a notice on the applicant under subsection (3) of that section, until the period for appealing under that section has expired or (if the applicant appeals) the appeal has been determined.]

Textual Amendments

F1 Words in s. 41 substituted (subject to other provisions of the amending Act) (1.4.1996) by 1995 c. 25, s. 120, Sch. 22 para. 128 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F2 S. 41(3) added (1.4.2006) by Water Act 2003 (c. 37), ss. 13(2), 105(3); S.I. 2006/984, art. 2(h) (with Sch. para. 7)

Modifications etc. (not altering text)

C1 S. 41 applied (1.4.2006) by Water Resources (Abstraction and Impounding) Regulations 2006 (S.I. 2006/641), reg. 1(2), Sch. 2 para. 8(5)