Modifications etc. (not altering text)
C1Pt. II: transfer of functions to the Environment Agency (1.4.1996) by 1995 c. 25, s. 2(1)(a)(i) (with ss. 115, 117); S.I. 1996/186, art. 3
Modifications etc. (not altering text)
C2Chapter II of Part II excluded (1.4.1996) by 1995 c. 25, s. 6(3) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
C3Chapter II of Part II modified (18.12.1996) by 1996 c. 61, s. 52, Sch. 15 Pt. III para. 11
(1)For the purposes of this Chapter a person who is for the time being the holder of a licence under this Chapter to abstract water shall be taken to have a right to abstract water to the extent authorised by the licence and in accordance with the provisions contained in it.
(2)In any action brought against a person in respect of the abstraction of water from a source of supply, it shall be a defence, subject to paragraph 2 of Schedule 7 to this Act, for him to prove—
(a)that the water was abstracted in pursuance of a licence under this Chapter; and
(b)that the provisions of the licence were complied with.
(3)In any action brought against a person in respect of any obstruction or impeding of the flow of any inland waters at any point by means of impounding works, it shall be a defence for him to prove—
(a)that the flow was so obstructed or impeded in pursuance of a licence under this Chapter;
(b)that the obstructing or impeding was in the manner specified in that licence and to an extent not exceeding the extent so specified; and
(c)that the other requirements of the licence (if any) were complied with.
(4)Nothing in subsection (2) or (3) above shall exonerate a person from any action for negligence or breach of contract.