The Water Act 2003 (Commencement No. 4, Transitional Provisions and Savings) Order 2005

Interpretation

1.—(1) In this Schedule—

(a)“abstraction licence” means a licence under Chapter 2 of Part 2 of the WRA to abstract water;

(b)“the Agency” means the Environment Agency;

(c)“called-in application” means an application for an abstraction licence referred to the Secretary of State or the Assembly (as the case may be) under section 41 of the WRA (Secretary of State’s power to call in applications) (including that section as applied by section 51(3) of the WRA (modification on application of licence holder));

(d)“licensed relevant abstraction” means a relevant abstraction which, immediately before the commencement of section 6 (rights to abstract small quantities) in accordance with this Order, is authorised by an abstraction licence;

(e)“relevant date” means 1st April 2005;

(f)“relevant abstraction” means an abstraction which—

(i)immediately before the coming into force of section 6 in accordance with this Order, is an abstraction to which the restriction on abstraction applies; and

(ii)after that coming into force, is an abstraction to which the restriction on abstraction does not apply;

(g)“relevant application” means an application for an abstraction licence, or for the variation of such a licence, that relates (wholly or in part) to a relevant abstraction and that—

(i)was received by the Agency before 1st April 2005; and

(ii)not finally disposed of before that date;

(h)“restriction on abstraction” means the restriction imposed by section 24(1) of the WRA (restriction on abstraction); and

(i)“the Succession Regulations” means the Water Resources (Succession to Licences) Regulations 1969(1).

(2) For the purposes of this Schedule, an application shall be considered to have been finally disposed of when—

(a)the application is withdrawn;

(b)in the case of a called-in application, the application has been determined under section 42 of the WRA (consideration of called-in applications) (including that section as applied by section 51(3) of the WRA (modification on application of licence holder)); or

(c)in the case of any other application, the Agency has given notice to the applicant of its decision on the application, or has failed to do so within the period referred to in section 43(2) of the WRA (appeals to the Secretary of State) (including that section as applied by section 51(3), subject to the modifications in section 51(4), of the WRA), and—

(i)the period within which notice of appeal against that decision or failure may be given has ended without any such notice having been given; or

(ii)notice of appeal against that decision or failure has been given and the appeal has been withdrawn or determined.

(3) Any reference in this Schedule to a regulation is a reference to a regulation in the Succession Regulations.