Part 1Abstraction and impounding

Modification of licences

I122Proposals for modification at instance of Agency or Secretary of State

1

Section 52 of the WRA (proposals for modification of licences at the instance of the Agency or the Secretary of State) is amended as follows.

2

After subsection (1) there is inserted—

1A

In the case of a licence to obstruct or impede any inland waters, a variation may take the form of a requirement that the impounding works be modified in ways specified in the proposed new provision of the licence.

3

In subsection (4), for paragraph (b) there is substituted—

b

be published in the prescribed way or (if no way is prescribed) in a way calculated to bring it to the attention of persons likely to be affected if the licence were revoked or varied as proposed.

4

In subsection (5), for “otherwise than in the London Gazette” there is substituted “ as mentioned in subsection (4)(b) above ”.

5

For subsection (6) there is substituted—

6

A notice for the purposes of subsection (4) above shall—

a

include any prescribed matters; and

b

state that, before the end of a period specified in the notice—

i

the holder of the licence may give notice in writing to the Agency objecting to the proposals; and

ii

any other person may make representations in writing to the Agency with respect to the proposals.

6

For subsection (7) there is substituted—

7

The period referred to in subsection (6)(b) above—

a

begins on the date the notice referred to in subsection (4) above is first published as mentioned there; and

b

shall not end before the end of the period of twenty-eight days beginning with that date.

7

Subsection (8) is omitted.