Schedule 7, paragraph 4(1)

Where the plaintiff in any action brought against the appropriate agency in pursuance of section 60 of this Act (liability of the appropriate agency for derogation from protected right) is entitled to a protected right for the purposes of Chapter II of Part II of this Act by reason only that he is the holder of, or has applied for, a licence of right, it shall be a defence for the appropriate agency to prove— and subsection (3) of that section (liability of appropriate agency for compliance with direction requiring derogation from protected rights) shall not apply to a direction given in consequence of an appeal against the decision of the appropriate agency on an application for the grant of a 1989 Act licence of right. that the plaintiff could have carried out permissible alterations in the means whereby he abstracted water from the source of supply in question; and that, if he had carried out such alterations, the abstraction or, as the case may be, the obstruction or impeding of the flow of the inland waters authorised by the licence to which the action relates would not have derogated from his protected right for the purposes of that Chapter;

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Source: legislation.gov.uk · retrieved 2026-07-30