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(a) four years, or | |
(b) if the abstractions authorised under the licence (or relevant part of the | |
licence) were abstractions planned to be carried out at intervals of more | |
than four years, or for emergency purposes only, such longer period as | |
the Agency may determine on the application of the person, | 5 |
he does not carry out any such abstraction as would have been authorised by | |
the licence (or relevant part of the licence) if it had still been in force. | |
(5) Where, immediately after the coming into force of any provision of this Act, an | |
abstraction of water to which the restriction on abstraction did not apply | |
becomes one to which the restriction on abstraction does apply, nothing in— | 10 |
(a) section 39(1), 42(4) or 44(4) of the WRA (which relate to protected | |
rights), or | |
(b) any other enactment specified in regulations made by the Secretary of | |
State, | |
prevents the Agency from granting a licence under Chapter 2 of Part 2 of the | 15 |
WRA in respect of that abstraction, or the Secretary of State from giving the | |
Agency a direction to do so. | |
(6) In subsections (2)(b) and (5), “the restriction on abstraction” has the meaning | |
given by section 72(1) of the WRA. | |
102 Powers to make further supplementary, consequential and transitional | 20 |
provision, etc | |
(1) The Secretary of State may by regulations make— | |
(a) such supplementary, incidental or consequential provision, or | |
(b) such transitory, transitional or saving provision, | |
as he considers necessary or expedient for the purposes of, in consequence of, | 25 |
or for giving full effect to any provision of this Act. | |
(2) The provision which may be made under subsection (1) includes provision— | |
(a) amending or repealing any enactment, instrument or document, | |
(b) conferring functions, powers or duties on any person. | |
(3) The provision which may be made under subsection (1) also includes, in | 30 |
particular, provision for or in relation to the payment by the Environment | |
Agency of compensation to any person who— | |
(a) before the coming into force of any provision of this Act was not | |
required by or by virtue of the WRA to have a licence under Chapter 2 | |
of Part 2 of the WRA in respect of any abstraction, | 35 |
(b) following the coming into force of any provision of this Act does | |
require such a licence in respect of that abstraction, and | |
(c) has suffered loss or damage as a result of his having been— | |
(i) refused such a licence in respect of that abstraction, or | |
(ii) granted such a licence, but in respect of an abstraction of more | 40 |
limited extent than that of the abstraction he was carrying out | |
before the coming into force of the provision in question, | |
or who is a person who falls within subsection (4). | |
(4) A person falls within this subsection if he satisfies the Environment Agency of | |
the following— | 45 |
(a) that the nature of his operations, or proposed operations, requires him | |
to make plans about the abstraction of water, | |
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(b) that before the coming into force of any provision of this Act he would | |
not have required a licence under Chapter 2 of Part 2 of the WRA in | |
respect of any such abstraction for which he had reasonably planned | |
(or, if there has already been such an abstraction, he did not require | |
such a licence in respect of it), | 5 |
(c) that following the coming into force of any such provision he does | |
require such a licence in respect of it, and | |
(d) that he has suffered loss or damage as a result of his having been— | |
(i) refused a licence under Chapter 2 of Part 2 of the WRA in | |
respect of that abstraction, or | 10 |
(ii) granted such a licence, but in respect of an abstraction of more | |
limited extent than he had reasonably applied for, | |
and he applies for compensation before any deadline provided for in the | |
regulations under subsection (1). | |
(5) The provision which may be made under subsection (1) also includes, in | 15 |
particular, provision for or in relation to the payment by the Water Services | |
Regulation Authority of compensation to any person who— | |
(a) before 31st July 2002 was carrying on any activities in respect of the | |
supply of water, | |
(b) following the coming into force of any provision of this Act— | 20 |
(i) is unable to continue to carry on those activities as a result of | |
their having been prohibited, | |
(ii) is unable to continue to carry on those activities as a result of a | |
licence under Chapter 1A of Part 2 of the WIA having been | |
required in respect of them and his not having applied for, or | 25 |
his having been refused, a licence, or | |
(iii) is unable to continue to carry on those activities in the same | |
manner as a result of his having been granted a licence the effect | |
of which is to restrict the carrying on of the activities, and | |
(c) has suffered loss or damage as a result of— | 30 |
(i) those activities having been prohibited, | |
(ii) a licence not having been granted, or | |
(iii) those activities having been restricted. | |
(6) Where regulations made under subsection (1) include provision for the | |
discharge by the Director General of Water Services instead of the Water | 35 |
Services Regulation Authority of any functions conferred on the Authority by | |
or by virtue of any provision of this Act, then, for the purposes of Schedule 3, | |
any such function shall be treated as if it had been the subject of a transfer | |
under section 36 when the provision in the regulations ceased to apply. | |
(7) The power to make regulations under this section is also exercisable by the | 40 |
Assembly, in relation to provision dealing with matters with respect to which | |
functions are exercisable by the Assembly. | |
(8) Nothing in this Act shall be read as affecting the generality of subsection (1). | |
103 Regulations and orders | |
(1) Any power under this Act to make any order or regulations is exercisable by | 45 |
statutory instrument. | |
(2) A statutory instrument containing an order or regulations— | |
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(a) made by the Secretary of State under any provision of this Act except | |
section 10 (but including section 104), and | |
(b) which contains (or contain) provision amending or repealing any | |
enactment, | |
shall not be made unless a draft of the instrument has been laid before, and | 5 |
approved by a resolution of, each House of Parliament. | |
(3) Otherwise, a statutory instrument containing any order or regulations made by | |
the Secretary of State under this Act, other than an order under section 104, | |
shall be subject to annulment in pursuance of a resolution of either House of | |
Parliament. | 10 |
(4) Any power under this Act to make any order or regulations may be | |
exercised— | |
(a) either in relation to all cases to which the power extends, or in relation | |
to those cases subject to specified exceptions, or in relation to any | |
specified cases or classes of case, | 15 |
(b) so as to make, as respects the cases in relation to which it is exercised— | |
(i) the full provision to which the power extends or any less | |
provision (whether by way of exception or otherwise), | |
(ii) the same provision for all cases in relation to which the power | |
is exercised, or different provision for different cases or | 20 |
different classes of case or different provision as respects the | |
same case or class of case for different purposes of this Act, | |
(iii) any such provision either unconditionally or subject to any | |
specified condition. | |
(5) Where any such power is expressed to be exercisable for alternative purposes | 25 |
it may be exercised in relation to the same case for all or any of those purposes. | |
(6) Any such power includes power— | |
(a) to make such incidental, supplementary, consequential, saving or | |
transitional provision (including provision amending, repealing or | |
revoking enactments or provisions of subordinate legislation) as the | 30 |
authority making the order or regulations considers to be expedient, | |
and | |
(b) to provide for a person to exercise a discretion in dealing with any | |
matter. | |
(7) In subsection (6)(a), “subordinate legislation” has the meaning given by the | 35 |
Interpretation Act 1978 (c. 30). | |
(8) Nothing in this Act shall be read as affecting the generality of subsection (6). | |
104 Interpretation, commencement, short title, and extent | |
(1) This Act may be cited as the Water Act 2003. | |
(2) In this Act— | 40 |
(a) the “WIA” means the Water Industry Act 1991 (c. 56), | |
(b) the “WRA” means the Water Resources Act 1991 (c. 57), | |
(c) “the Assembly” means the National Assembly for Wales. | |
(3) Apart from this section and sections 101 to 103, this Act comes into force on | |
such day as the Secretary of State may by order appoint. | 45 |
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