March 2010 Plenary Meetings of the Permanent Council

Where the Secretary of State in performance of the duty laid on him by section 1 of the Water (Scotland) Act 1980 or by section 1(1) of the said Act of 1951 (which provisions among other things lay a duty on the Secretary of State to promote the conservation of water and the cleanliness of rivers) is satisfied that in relation to any stream or locality the question of a control order should be considered, he may require the river purification authority concerned to make application under the foregoing subsection for such an order and the authority shall comply with any such requirement.

The provisions of the Schedule to this Act shall have effect with regard to applications for, and to the making, coming into operation, and the validity of, a control order.

In this Act—

" spray irrigation " means the irrigation of land or plants (including seeds) by means of water or other liquid emerging (in whatever form) from apparatus designed or adapted to eject liquid into the air in the form of jets or spray;

" control area " means all streams and localities to which a control order relates, but does not include any underground stream, or any body of water, whether underground or otherwise, which is not a stream.

Subject to the following provisions of this Act any such licence shall remain in force for one calendar year, and any application therefor shall be made not later than the 15th day of September in the year immediately preceding the year for which it is proposed that the licence is to be in force.

Where any representations have been made under subsection (5) of this section, the Secretary of State, before determining the appeal, shall require the river purification authority to serve a copy of the notice of appeal on each of the persons who made those representations; and the Secretary of State, in determining the appeal, shall take into account any further representations in writing received by him from those persons within such time as he may direct.

Before determining any appeal under this section the Secretary of State shall, if the applicant or the river purification authority or any person who under subsection (5) of this section has made representations regarding the application so desire, afford to them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.

The decision of the Secretary of State on any appeal under this section shall be final.

On the granting of a licence under this section there shall be payable to the river purification authority by the holder of the licence a fee of £5 or such other sum as the Secretary of State may by order prescribe.

the year in respect of which it is to be in force;

the authority shall have 28 days from the said date to arrive at a decision in relation to the application;

A licence granted by virtue of subsection (1) of this section shall, subject to the provisions of this Act, remain in force until the end of the calendar year in respect of which it was granted.

Where an application for a licence under the last two foregoing sections has been made but not yet granted, and the person making the application ceases to occupy the land to which the licence would relate, the river purification authority to whom the application was made shall, at the request of the succeeding occupier, consider the application as having been made by him in the first instance.

Where by reason of exceptional shortage of rain or other emergency it appears to a river purification authority that it is necessary to impose a temporary restriction on the abstraction of water, they may restrict or suspend the operation of any licence under this Act relating to a stream or locality affected by the shortage or emergency: Provided that if occasioned by exceptional shortage of rain that restriction or, as the case may be, that suspension shall apply equitably to all licences relating to the stream or locality in question.

The Minister may, subject to the provisions of this section, by order repeal or amend any provision in any local Act passed before this Act or in any Act passed before this Act and confirming a provisional order, where it appears to him that the provision is inconsistent with, or has become unnecessary in consequence of, any provision of this Act.

The Minister shall not make an order under this section repealing or amending any provision in a local Act the Bill for which was promoted by a local authority, or by any body whose functions under the local Act have become exercisable by a local authority, except on the application of that authority.

Before making an order under this section the Minister shall consult with any local authority who appear to him to be concerned, not being an authority by whom an application for the making of the order was made.

An order under this section—

Any reference in this section to a local authority shall be construed as referring to a local authority within the meaning of the Act of 1933, other than a parish council, . . . .

The Minister may, after consultation with the Council of the Isles of Scilly, by order made by statutory instrument provide for the application of this Act . . . to the Isles of Scilly; and any such order may provide for the application of this Act . . . to those Isles subject to such modifications, or to the exception of such provisions thereof, as may be specified in the order.

The exercise of the power conferred by this section shall be without prejudice to the powers of the Minister under section 292 of the Act of 1933.

In this Act—

References in this Act to any enactment, except where the context otherwise requires, shall be construed as references to that enactment as amended by or under any other enactment including this Act.

This Act may be cited as the Local Government (Financial Provisions) Act 1963.

This Act shall not extend to Scotland or to Northern Ireland.