SCHEDULE 2APPLICATIONS BY THE AGENCY
Other exceptions and modifications to the Act in relation to Agency applications8
1
Section 3556 (restrictions on persons who may make applications for abstraction licences) has effect—
a
in relation to an Agency application that is a called–in application, as if references to the Agency were references to the appropriate authority; and
b
in relation to any other Agency application, as if that application were contained in an application made to the Agency.
2
Section 36A (applications: types of abstraction licence) does not apply in relation to an Agency application.
3
Section 3857 (general consideration of applications) has effect in relation to an Agency application (other than a called–in application) as if—
a
the application were made to the Agency;
b
references to the determination of the application were to its approval under paragraph 6;
c
subsection (2) were omitted; and
d
in subsection (3), the word “and” at the end of paragraph (a) and paragraph (b) were omitted.
4
Section 3958 (obligation to have regard to existing rights and privileges) has effect in relation to an Agency application (other than a called–in application) as if the references—
a
in subsection (1), to the grant of a licence, and
b
in subsection (1A), to a determination,
were references to an approval under paragraph 6.
5
Sections 40(1) (obligation to take river flow etc. into account) and 41 (Secretary of State’s power to call–in applications) have effect as if the application were made to the Agency.