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.