Modification of licences 21 Modification of licences (1) Section 51 of the WRA (modification of licence on application of licence holder) is amended as follows. (2) In subsection (1), after 'Chapter' there is inserted 'to abstract water'. (3) After subsection (1) there is inserted- '(1A) The holder of a licence under this Chapter to obstruct or impede the flow of inland waters (an 'impounding licence') may apply to the Agency to revoke the licence and, on any such application, the Agency may revoke the licence accordingly. (1B) The Agency may require conditions to be met to its satisfaction before revocation of the impounding licence takes effect, and those conditions may in particular include conditions- (a) requiring the removal of all or part of the impounding works; (b) as to the restoration of the site of the impounding works to a state which is satisfactory to the Agency; (c) relating to the inland waters the flow of which is obstructed or impeded by means of the impounding works. (1C) The person making an application under subsection (1A) above ('the applicant') may by notice appeal to the Secretary of State if- (a) he is dissatisfied with the decision of the Agency as to- (i) whether his licence may be revoked; or (ii) any conditions imposed by virtue of subsection (1B) above; or (b) the Agency fails to give notice of its decision to the applicant within the prescribed period or within such extended period as may be agreed in writing between the Agency and the applicant. (1D) The Secretary of State may by regulations make provision with respect to- (a) the manner in which notices of appeal under subsection (1C) above shall be served; (b) the period within which such notices shall be served; (c) the procedure on any such appeal. (1E) Where an appeal is brought under subsection (1C) above, the Secretary of State may- (a) allow or dismiss the appeal or reverse or vary any part of the decision of the Agency, whether the appeal relates to that part of the decision or not; and (b) may deal with the application as if it had been made to him in the first place. (1F) The decision of the Secretary of State on any appeal under subsection (1C) above shall be final. (1G) Subsections (1C) to (1F) above are subject to section 114 of the 1995 Act (delegation or reference of appeals).' (4) In section 114 of the Environment Act 1995 (c. 25) (power of Secretary of State to delegate or refer in connection with appeals), in subsection (2)(a)(v), after '43,' there is inserted '51,'. (5) The amendments made by this section apply (as regards any act or omission after this section comes into force) in respect of impounding licences, regardless of when the impounding works were constructed. 22 Proposals for modification at instance of Agency or Secretary of State (1) Section 52 of the WRA (proposals for modification of licences at the instance of the Agency or the Secretary of State) is amended as follows. (2) After subsection (1) there is inserted- '(1A) In the case of a licence to obstruct or impede any inland waters, a variation may take the form of a requirement that the impounding works be modified in ways specified in the proposed new provision of the licence.' (3) In subsection (4), for paragraph (b) there is substituted- '(b) be published in the prescribed way or (if no way is prescribed) in a way calculated to bring it to the attention of persons likely to be affected if the licence were revoked or varied as proposed.' (4) In subsection (5), for 'otherwise than in the London Gazette' there is substituted 'as mentioned in subsection (4)(b) above'. (5) For subsection (6) there is substituted- '(6) A notice for the purposes of subsection (4) above shall- (a) include any prescribed matters; and (b) state that, before the end of a period specified in the notice- (i) the holder of the licence may give notice in writing to the Agency objecting to the proposals; and (ii) any other person may make representations in writing to the Agency with respect to the proposals.' (6) For subsection (7) there is substituted- '(7) The period referred to in subsection (6)(b) above- (a) begins on the date the notice referred to in subsection (4) above is first published as mentioned there; and (b) shall not end before the end of the period of twenty-eight days beginning with that date.' (7) Subsection (8) is omitted. Transfer and apportionment of licences 23 Transfer and apportionment of licences (1) After section 59 of the WRA there is inserted- 'Transfer and apportionment of licences 59A Transfer of licence (1) The following licences- (a) a full licence; (b) a transfer licence; or (c) a licence to obstruct or impede the flow of inland waters by means of impounding works, may be transferred by the holder of the licence to another person ('the transferee') in accordance with the following provisions of this section. (2) The holder and the proposed transferee shall give notice (a 'transfer notice') to the Agency of their agreement that the licence should be transferred. (3) The transfer notice shall include- (a) such information as the Agency reasonably requires; and (b) (in the case of the transfer of a full licence or of a transfer licence) a declaration by the proposed transferee that- (i) he has, or at the time when the proposed transfer is to take effect will have, a right of access in relation to each point of abstraction; and (ii) he will continue to have such a right for the period of at least one year beginning with the date on which the proposed transfer is to take effect, or until the licence is to expire (if sooner), and may specify the date on which the holder and the transferee wish the transfer to take effect. (4) If the holder is a person in whom the licence has vested under section 59B below, a transfer notice shall be of no effect unless the notice required by section 59B(4) has been given. (5) Subject to subsection (4) above, if the Agency receives a transfer notice which complies with the requirements of subsections (2) and (3) above, the Agency shall amend the licence by substituting the name of the transferee as holder of the licence. (6) The transfer shall take effect- (a) from the date on which the Agency amends the licence; or (b) from the date specified in the transfer notice, if later. (7) Nothing in this section shall affect the liability of the holder of the licence for any failure by him, before the transfer took effect, to comply with any condition or requirement of that licence. (8) In this section- 'point of abstraction' means a place where the licence authorises water to be abstracted from inland waters or (as the case may be) a place consisting of or comprising underground strata from which the licence authorises water to be abstracted; and 'right of access' means, in relation to a point of abstraction, a right of access to land of the kind referred to in subsection (2)(a) or, as the case may be, (3)(a) of section 35 above; and references to a person who will have such a right of access shall be construed in accordance with that section (including subsections (4) to (6)). 59B Vesting of licence on death or bankruptcy of holder (1) On the death of the holder of a licence under this Chapter, the licence shall be regarded as property forming part of the deceased's personal estate, whether or not it would be so regarded apart from this subsection, and shall accordingly vest in his personal representatives. (2) If a bankruptcy order is made against the holder of a licence under this Chapter, the licence shall be regarded for the purposes of any of the Second Group of Parts of the Insolvency Act 1986 (insolvency of individuals; bankruptcy) as property forming part of the bankrupt's estate, whether or not it would be so regarded apart from this subsection, and shall accordingly vest as such in the trustee in bankruptcy. (3) A person in whom a licence vests under this section shall become the holder of the licence, in place of the prior holder, from the date of the vesting. (4) Where a licence other than a temporary licence vests in any person under this section, that person shall give notice of that fact to the Agency not later than the end of the period of fifteen months beginning with the date of the vesting. (5) If- (a) a licence vests in any person under this section; but (b) that person fails to give the notice required by subsection (4) above within the period mentioned there, the licence shall cease to have effect. 59C Apportionment of licence to abstract (1) The holder of a full licence or of a transfer licence (the 'old licence') may apply to the Agency for the division of the holder's right to abstract water in accordance with the old licence and for the transfer- (a) to another person of part, or to a number of other persons of parts not amounting to the whole; or (b) to a number of other persons of parts amounting in all to the whole, of that right. (2) The holder of the old licence and any person proposing to carry on a part of the abstraction authorised by the old licence in place of the holder (a 'successor') shall give notice to the Agency of their agreement to the division and transfer (an 'apportionment notice'). (3) The apportionment notice shall, in relation to the abstraction authorised by the old licence- (a) specify, for each proposed successor, what quantity of water he proposes to abstract, and (if the holder of the old licence is to continue the abstraction in part) what quantity of water he proposes to abstract; (b) specify the purpose or purposes for which those persons referred to in paragraph (a) above who would require a new licence granted under subsection (5) below would abstract water (being one or more of the purposes for which abstraction is authorised under the old licence); (c) specify the point (or points) of abstraction from which it is proposed that the persons referred to in paragraph (a) above would abstract water (being one or more of the points from which abstraction is authorised under the old licence); (d) include a declaration by each of those persons who requires a licence under this Chapter in order to carry on the abstraction that- (i) he has, or at the time when the proposed grant to him of a new licence under subsection (5) below is to take effect will have, a right of access in relation to each such point of abstraction; and (ii) he will continue to have such a right for the period of at least one year beginning with the date on which the new licence is to take effect, or until it is to expire (if sooner); and (e) include such other information as the Agency reasonably requires, and may specify the date on which the holder and the successor (or successors) wish the division and transfer (or transfers) to take effect. (4) The apportionment notice shall be accompanied by an application on the part of the holder of the old licence for its revocation. (5) Subject to subsection (9) below, if the Agency receives an apportionment notice and the application for revocation referred to in subsection (4) above, the Agency shall- (a) revoke the old licence; (b) if the holder is to continue the abstraction in part and a licence is required under this Chapter for that purpose, grant to the holder of the old licence a licence relating to that part of the abstraction; and (c) grant to each successor who requires a licence under this Chapter in order to carry on his part of the abstraction a licence relating to that part of the abstraction. (6) Sections 34 to 45 above shall not apply to the grant of a new licence under subsection (5) above. (7) Subject to section 46 above and to any provision of regulations made under section 59D(1) below, each new licence to be granted under subsection (5) above shall be granted subject to provisions which correspond as nearly as practicable to those of the old licence in relation to the part of the abstraction to be authorised by the new licence. (8) The revocation of the old licence and the grant of the new licences shall take effect- (a) from the date on which the Agency revokes the old licence and grants the new ones; or (b) from the date specified in the apportionment notice, if later. (9) The Agency shall not grant a new licence to the holder of the old licence or to a successor if, by virtue of an exemption, the restriction on abstraction would not apply to that part of the abstraction proposed in relation to him in the apportionment notice. (10) For the purposes of this Chapter, a person (whether the holder of the old licence or a successor) who proposes to carry on a part of the abstraction in the circumstances mentioned in subsection (9) above shall, if the old licence was a full licence, be taken to have the right to do so in relation to that part, subject to subsection (11) below. (11) For the purposes of this Chapter, a person shall cease to be taken to have a right, by virtue of subsection (10) above, to carry on an abstraction if- (a) during a period mentioned in subsection (12) below that person does not carry out any such abstraction; or (b) following an order under section 27A(1) above or regulations under section 33A above, that person is granted a full licence in respect of abstraction from the same point. (12) The period referred to in subsection (11)(a) above is- (a) four years; or (b) if the abstractions authorised under the old licence were abstractions planned to be carried out at intervals of more than four years, or abstractions for emergency purposes only, such longer period as the Agency may determine on the application of the person in question. (13) For the purposes of section 39A above, a new licence granted under subsection (5) above shall be treated- (a) as if it had been granted at the time the old licence was granted; and (b) as if it and any other new licence granted by virtue of the relevant apportionment notice had been granted in place of the old licence. (14) In this section- 'exemption' means the disapplication of the restriction on abstraction under or by virtue of section 27 or 33A above; and 'point of abstraction' and 'right of access' have the same meanings as in section 59A above. 59D Apportionment of licence to abstract: supplementary (1) The Secretary of State may make regulations about the provisions to be contained in licences granted under section 59C above. (2) Nothing in section 59C above shall affect the liability of the holder of the old licence for any failure by him, before the revocation of that licence took effect, to comply with any condition or requirement of that licence. (3) If the holder of the old licence is a person in whom the old licence has vested under section 59B above, an apportionment notice shall be of no effect unless the notice required by section 59B(4) has been given. (4) In this section, 'apportionment notice' and 'old licence' have the same meanings as in section 59C above.' (2) In section 47 of the WRA (holders of licence)- (a) for subsection (2) there is substituted- '(2) The person to whom a licence under this Chapter is granted to abstract water or to obstruct or impede any inland waters is the holder of the licence for the purposes of this Act, subject to sections 59A to 59C and 67 below.', (b) subsection (3) is omitted. (3) In section 189 of the WRA (register of abstraction and impounding licences), in subsection (1)(b), for the words from 'section 49' to the end there is substituted 'section 59A, 59B or 59C above'. (4) Sections 49 and 50 of the WRA (which relate to the succession to licences to abstract water) shall cease to have effect. (5) Subsection (4) does not affect the succession to a licence to abstract water where the death or other act or event referred to in section 49(2)(a) or 50(1)(a) or (b) of the WRA occurred before the coming into force of that subsection, and section 49 of the WRA or (as applicable) any regulations under section 50 of the WRA which were in force immediately before the coming into force of subsection (4) are to continue to have effect in relation to such a case despite the repeal of the applicable section. Claims and compensation 24 Claims arising out of water abstraction (1) After section 48 of the WRA there is inserted- '48A Civil remedies for loss or damage due to water abstraction (1) Subject to subsection (7) below and to section 79 (including that section as applied by section 79A(9)) below, a person who abstracts water from any inland waters or underground strata (an 'abstractor') shall not by that abstraction cause loss or damage to another person. (2) A person who suffers such loss or damage (a 'relevant person') may bring a claim against the abstractor. (3) Such a claim shall be treated as one in tort for breach of statutory duty. (4) In proceedings in respect of a claim under this section, the court may not grant an injunction against the abstractor if that would risk interrupting the supply of water to the public, or would put public health or safety at risk. (5) Except as provided in this section, no claim may be made in civil proceedings by a person (whether or not a relevant person) against an abstractor in respect of loss or damage caused by his abstraction of water. (6) Nothing in this section prevents or affects a claim for negligence or breach of contract. (7) This section does not apply, and no claim may be brought under this section, where the loss or damage is caused by an abstractor acting in pursuance of a licence under this Chapter and is loss or damage- (a) in respect of which a person is entitled to bring a claim under section 60 below (or would be so entitled if there were a breach of the duty referred to in that section); (b) in respect of which a person would have been entitled to bring a claim under section 60 below but for an express provision (including, for example, section 39(1A) above and section 59C(6) below) disapplying that duty; or (c) constituting grounds on which a person is entitled to apply to the Secretary of State under section 55 below (or would be so entitled but for subsection (2) of that section) for the revocation or variation of that licence, but without prejudice to the application of section 48 above.' (2) In section 48 of the WRA (general effect of licence), in subsection (2), after 'supply' there is inserted '(other than an abstraction in respect of which a claim could be brought under section 48A below, in which case that section shall apply)'. (3) In relation to loss or damage suffered before the coming into force of this section- (a) section 48A of the WRA inserted by subsection (1) of this section does not apply, and (b) section 48 of, and paragraphs 1(2) and 2 of Schedule 7 to, the WRA continue to have effect as if subsection (2) of this section were not in force. 25 Compensation for modification of licence on direction of Secretary of State (1) Section 61 of the WRA (compensation where licence modified on direction of the Secretary of State) is amended in accordance with subsections (2) and (3). (2) In subsection (4), for 'seven' there is substituted 'four'. (3) After subsection (4) there is inserted- '(4A) No compensation shall be payable under this section in respect of the variation of a full licence, or of a transfer licence which specifies a minimum value under section 46(2A) above, so as to reduce the quantity of water which the holder of the licence is authorised by the licence to abstract from the source of supply to which the licence relates if- (a) the ground for varying the licence is that the Secretary of State is satisfied that the variation is necessary in order to protect the availability of water in the source of supply to which the licence relates; (b) the variation does not reduce the quantity of water which the holder of the licence is authorised by the licence to abstract to less than the minimum value specified in the licence under section 46(2A) above for the purposes of this subsection; and (c) the conditions set out in subsection (4B) below are satisfied. (4B) Those conditions are that- (a) the licence was granted after the coming into force of section 19 of the Water Act 2003; (b) the variation is made no sooner than the end of the period of six years beginning with the date on which the licence took effect; and (c) the variation takes effect no sooner than the end of the period of six years beginning with the date of the variation.' (4) The amendment made by subsection (2) has effect in relation to the revocation or variation of a licence only if the period referred to in section 61(4) of the WRA during which no water was abstracted in pursuance of the licence began after the coming into force of that subsection. 26 Recovery of compensation from new licence-holder After section 61 of the WRA there is inserted- '61A Recovery of compensation from new licence-holder (1) This section applies where compensation has been paid under section 61 above to the holder of a licence ('licence A') following its revocation, and- (a) the holder of licence A was a water undertaker; (b) at the time of the revocation an application from a qualifying person for a licence to abstract water ('licence B') was outstanding; (c) if the Agency had granted licence B while licence A still had effect, the Agency would have been in breach of the duty imposed on it by section 39(1) above owed to the holder of licence A; (d) the ground for revoking licence A was that the Agency was of the view that in the interests of greater efficiency in the use of water resources it would be better for licence B to be granted and licence A revoked; and (e) the Agency proposes to grant licence B. (2) If this section applies, the Agency may (if licence B is granted) recover from the qualifying person the amount of the compensation referred to in subsection (1) above (or such lesser amount as the Agency determines). (3) Subsection (6) of section 41 of the 1995 Act (which confers powers to make schemes imposing charges) shall apply to the amount referred to in subsection (2) above as if it were a charge due and payable to the Agency in respect of the subsistence of licence B. (4) In this section, 'qualifying person' means- (a) a water undertaker; or (b) a person who has made an application for an appointment or variation replacing a company as a water undertaker under section 8 of the Water Industry Act 1991 which has not been determined.' 27 Withdrawal of compensation for certain revocations and variations (1) This section applies where- (a) a licence to abstract water is revoked or varied on or after 15th July 2012 in pursuance of a direction under section 54 or 56 of the WRA (which provide for the Secretary of State to direct the Environment Agency to revoke or vary a licence in certain circumstances); (b) the licence was granted before the coming into force of section 19 of this Act; (c) the licence is one which is expressed to remain in force until revoked; and (d) the ground for revoking or varying the licence is that the Secretary of State is satisfied that the revocation or variation is necessary in order to protect from serious damage- (i) any inland waters, (ii) any water contained in underground strata, (iii) any underground strata themselves, or any flora or fauna dependent on any of them. (2) Where this section applies, no compensation is payable under section 61 of the WRA in respect of the revocation or variation of the licence. (3) Expressions used in sub-paragraphs (i), (ii) and (iii) of subsection (1)(d) are to be construed in accordance with section 221 of the WRA; and 'waters', in relation to a lake, pond, river or watercourse which is for the time being dry, includes its bottom, channel or bed. Water resources management schemes 28 Water resources management schemes: other abstractors After section 20 of the WRA there is inserted- '20A Water resources management schemes: other abstractors (1) The Agency may enter into and maintain such arrangements with holders of abstraction licences other than water undertakers for securing the proper management or operation of- (a) the waters from which they have the right by virtue of their licences to abstract water; and (b) any reservoirs, apparatus or other works which are used for the purposes of or in connection with their abstractions and which belong to them, are operated by them or are otherwise under their control, as the Agency from time to time considers appropriate for the purpose of carrying out its functions under section 6(2) of the 1995 Act. (2) Without prejudice to the power of the Agency and any holder of an abstraction licence to include any such provision as may be agreed between them in arrangements under this section, such arrangements may- (a) make provision by virtue of subsection (1)(a) above with respect to the construction or installation of any reservoirs, apparatus or other works which the holder of the licence will use for the purposes of or in connection with his abstraction; (b) contain provision requiring payments to be made by the Agency to the holder of the licence; and (c) require the reference to and determination by the Secretary of State or the Water Services Regulation Authority of questions arising under the arrangements. (3) The Agency shall send a copy of any arrangements entered into by it under this section to the Secretary of State. (4) In this section, references to abstraction licences are to licences under Chapter 2 of this Part to abstract water.' 29 Water resources management schemes: referral to Secretary of State (1) After section 20A of the WRA (inserted by section 28) there is inserted- '20B Water resources management schemes: referral to Secretary of State (1) This section applies where- (a) the Agency has sought to enter into arrangements acceptable to it under section 20 or 20A above, but is satisfied that the other party is unwilling to enter into such arrangements or to do so on terms appearing to the Agency to be reasonable; or (b) having entered into such arrangements, the Agency has sought to renew or vary them but is satisfied that the other party is unwilling to do so or to do so on terms appearing to the Agency to be reasonable. (2) Where this section applies, the Agency may refer to the Secretary of State the question (as the case may be)- (a) whether such arrangements should be entered into, and if so, on what terms; or (b) whether the arrangements should be renewed or varied (as the case may be), and if so, on what terms. (3) If the Secretary of State determines that arrangements should be entered into or (as the case may be) renewed or varied, such arrangements on the terms determined by the Secretary of State shall be enforceable- (a) by civil proceedings by the Secretary of State for an injunction or for any other appropriate relief; and (b) where the other party is a water undertaker, also under section 18 of the Water Industry Act 1991 (enforcement orders) by the Secretary of State. (4) The functions of the Secretary of State under subsection (2) above shall be treated for the purposes of section 114 of the 1995 Act (delegation or reference of appeals) as if they were functions to which paragraph (a) of subsection (1) of that section applied.' Enforcement 30 Enforcement notices, and related procedures and offences After section 25 of the WRA there is inserted- '25A Enforcement notices (1) Subject to the following provisions of this section, where it appears to the Agency that a person is- (a) in breach of section 24(1) or (2) or section 25(1) above; or (b) for the purposes of section 24 or 25 above a holder of a licence under this Chapter and has not complied with a condition or requirement imposed by the provisions, as for the time being in force, of that licence, the Agency shall be entitled to serve an enforcement notice on him if the condition in subsection (2) below is satisfied. (2) The condition is that it appears to the Agency that the breach or failure to comply is causing or is likely to cause significant damage to the environment. (3) An enforcement notice is a notice requiring the person on whom it is served- (a) to cease his breach of section 24(1) or (2) or section 25(1) above, or to comply with the condition or requirement in question; and (b) to carry out any works or operations specified in the notice. (4) The works or operations which may be specified are works or operations which it appears to the Agency are appropriate for the purpose of remedying or mitigating the effects of the breach or failure to comply, and may include- (a) works or operations for the purpose, so far as it is reasonably practicable to do so, of restoring any affected waters, including any flora and fauna dependent on them, to their state immediately before the breach or failure to comply; and (b) in the case of a breach of section 25(1) above, the removal of any unauthorised impounding works or the reversal of any unauthorised alteration to impounding works. (5) An enforcement notice must specify the periods within which the person on whom it is served must do each of the things specified in the notice. (6) Before serving an enforcement notice on any person, the Agency shall take reasonable steps to consult that person about the works or operations which are to be specified in the notice. (7) The Secretary of State may by regulations make provision for or in connection with- (a) the form or content of enforcement notices; (b) requirements for consultation, before the service of an enforcement notice, with persons other than the person upon whom the notice is to be served; (c) steps to be taken for the purposes of any consultation required under subsection (6) above or regulations made by virtue of paragraph (b) above; (d) any other steps of a procedural nature which are to be taken in connection with, or in consequence of, the service of an enforcement notice. (8) An enforcement notice is not invalid, or invalidly served, merely because of a failure to comply with subsection (6) above or with regulations made by virtue of subsection (7)(b) above. (9) The Secretary of State may, if he thinks fit in relation to any person, give directions to the Agency as to whether or how it should exercise its powers under this section. (10) In proceedings for any offence under section 24 or 25 above against a person upon whom an enforcement notice has been served, the following are not to be taken as evidence that he has committed the offence- (a) the fact that an enforcement notice has been served on him; (b) the fact that he does not appeal against it; (c) the fact that on an appeal against it the notice is confirmed (whether with or without modifications). 25B Rights of entry and appeals Sections 161B and 161C below (including any power to make regulations) shall apply in relation to enforcement notices as they apply in relation to works notices under section 161A below. 25C Consequences of not complying with an enforcement notice (1) If a person on whom the Agency serves an enforcement notice fails to comply with any of its requirements, he shall be guilty of an offence. (2) A person who commits an offence under subsection (1) above shall be liable- (a) on summary conviction, to a fine not exceeding £20,000; (b) on conviction on indictment, to a fine. (3) If a person on whom an enforcement notice has been served fails to comply with any of its requirements, the Agency may do what that person was required to do and may recover from him any costs or expenses reasonably incurred by the Agency in doing it. (4) If the Agency is of the opinion that proceedings for an offence under subsection (1) above would afford an ineffectual remedy against a person who has failed to comply with the requirements of an enforcement notice, the Agency may take proceedings in the High Court for the purpose of securing compliance with the notice.' Miscellaneous 31 Bulk supplies (1) After section 20B of the WRA (inserted by section 29 of this Act) there is inserted- '20C Proposals for bulk supply arrangements (1) In the circumstances mentioned in subsection (2) below, the Agency may, in carrying out its functions under section 6(2) of the 1995 Act, propose to a qualifying person (within the meaning of section 40 of the Water Industry Act 1991) that he make an application under that section for a bulk supply of water from a water undertaker. (2) The circumstances referred to in subsection (1) above are that it appears to the Agency that such a bulk supply is necessary in order to secure the proper use of water resources. (3) The Agency shall not make such a proposal without first consulting the Water Services Regulation Authority. (4) The Agency may include in its proposal the period for which, and terms and conditions on which, the Agency considers it appropriate that the bulk supply should be given.' (2) In section 38 of the WRA (general consideration of applications), in subsection (3), after paragraph (b) there is inserted- 'and may have regard to any failure on the part of the applicant to make an application under section 40 of the Water Industry Act 1991 pursuant to a proposal made by the Agency under section 20C above.'. 32 Visiting forces Section 223 of the WRA (exemption of visiting forces from restrictions on abstraction etc) shall cease to have effect. 33 Application of certain water resources provisions to this Act (1) The relevant WRA provisions apply to (or in relation to) the following sections of this Act (the 'applicable sections') as they apply to (or in relation to) Part 2 or, as the case may be, Chapter 2 of Part 2 of the WRA- (a) section 3 (existing impounding works), (b) section 4 (existing impounding works: works notices), and (c) section 10 (orders under section 33 of the WRA, etc). (2) Accordingly, in the relevant WRA provisions- (a) references to Part 2 of, or to Chapter 2 of Part 2 of, the WRA are to be read as if the applicable sections were included in that Part or that Chapter, (b) references to the related water resources provisions are to be read as if those provisions meant, in relation to the applicable sections, the relevant WRA provisions other than section 222 of the WRA, and (c) references to the Secretary of State are to be read as references to the appropriate authority (as defined, in each case, in the applicable section in question). (3) The 'relevant WRA provisions' are the following provisions of the WRA- (a) section 120 (contributions between the Agency and certain other authorities), (b) section 158 (works agreements for water resources purposes), (c) section 201 (power to require information in respect of water resources functions), as substituted by section 70 of this Act, (d) section 216 (enforcement: powers and duties), (e) section 222 (Crown application), as in force immediately before the substitution made by paragraph 2(4) of Schedule 21 to the Environment Act 1995 (c. 25) and for so long as the substituted section 222 does not apply to Part 2 of the WRA. (4) Section 220 of the WRA (provisions relating to service of documents) applies to documents required or authorised by virtue of any of the applicable sections to be served on any person as it applies to documents required or authorised to be served by virtue of the WRA. (5) References in the WRA to the functions (generally) of the Environment Agency are to be read as including the Agency's functions under the applicable sections.

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