C3Part II Water Resources Management

Annotations:
Modifications etc. (not altering text)
C3

Pt. 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

C1C2chapter II ABSTRACTION AND IMPOUNDING

Annotations:
Modifications etc. (not altering text)
C1

Chapter 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

C2

Chapter II of Part II modified (18.12.1996) by 1996 c. 61, s. 52, Sch. 15 Pt. III para. 11

Remedies and compensation in respect of infringement of protected rights etc.

63 Secretary of State to indemnify F1Agency in certain cases.

1

Where—

a

the F1Agency is liable under section 60 above to pay damages to any person in consequence of the grant or variation of a licence in compliance with a direction given by the Secretary of State; and

b

the F1Agency pay to that person any sum in satisfaction of that liability,

then, whether an action for recovery of those damages has been brought or not, the Secretary of State may, if he thinks fit, pay to the F1Agency the whole or such part as he considers appropriate of the relevant amount.

2

If—

a

proposals for revoking or varying the licence, in a case falling within subsection (1) above, are formulated by the F1Agency, or an application with respect to any licence is made under section 55 above;

b

in consequence of those proposals or that application, the licence is revoked or varied; and

c

compensation in respect of the revocation or variation is payable by the F1Agency under section 61 above,

the Secretary of State may, if he thinks fit, pay to the F1Agency the whole or such part as he considers appropriate of the relevant amount.

3

Where—

a

the Secretary of State determines under section 55 above—

i

that a licence granted in compliance with a direction given by the Secretary of State shall be revoked or varied; or

ii

that a licence shall not be revoked or varied;

and

b

in consequence of that determination, compensation is payable by the F1Agency under section 62 above,

the Secretary of State may, if he thinks fit, pay to the F1Agency the whole or such part as he considers appropriate of the relevant amount.

4

In this section “the relevant amount” means—

a

for the purposes of subsection (1) above, the amount of the sum paid by the F1Agency and, if an action has been brought against the F1Agency in respect of the liability mentioned in that subsection, the amount of any costs reasonably incurred by the F1Agency in connection with the action (including any costs of the plaintiff which the F1Agency was required to pay); and

b

for the purposes of subsections (2) and (3) above, the amount of the compensation and, if any question relating to that compensation is referred to the Lands Tribunal, the amount of any costs reasonably incurred by the F1Agency in connection with that reference (including any costs of the claimant which the F1Agency is required to pay).