Section 44(4)

Subject to subsection (4A) below, in determining any appeal under section 43 above and, in particular, in determining what (if any) direction to give under subsection (6) below, the Secretary of State shall consider whether any such direction would require such a grant or variation of a licence as would so authorise— as to derogate from rights which, at the time when the direction in question is given, are protected rights for the purposes of this Chapter. the abstraction of water; or the flow of any inland waters to be obstructed or impeded by means of impounding works,

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