Section 63: Secretary of State to indemnify appropriate agency in certain cases.

Water Resources Act 1991 · 1991 c. 57View on legislation.gov.uk

Part II: Water Resources Management — Chapter II: ABSTRACTION AND IMPOUNDING

Where—

the appropriate agency is liable under section 60 above to pay damages to any person in consequence of the grant or variation of a licence in compliance with a direction given by the Secretary of State; and
the appropriate agency pay to that person any sum in satisfaction of that liability,

then, whether an action for recovery of those damages has been brought or not, the Secretary of State may, if he thinks fit, pay to the appropriate agency the whole or such part as he considers appropriate of the relevant amount.

If—

proposals for revoking or varying the licence, in a case falling within subsection (1) above, are formulated by the appropriate agency, or an application with respect to any licence is made under section 55 above;
in consequence of those proposals or that application, the licence is revoked or varied; and
compensation in respect of the revocation or variation is payable by the appropriate agency under section 61 above,

the Secretary of State may, if he thinks fit, pay to the appropriate agency the whole or such part as he considers appropriate of the relevant amount.

Where—

the Secretary of State determines under section 55 above—
that a licence granted in compliance with a direction given by the Secretary of State shall be revoked or varied; or
that a licence shall not be revoked or varied;

and

in consequence of that determination, compensation is payable by the appropriate agency under section 62 above,

the Secretary of State may, if he thinks fit, pay to the appropriate agency the whole or such part as he considers appropriate of the relevant amount.

In this section "the relevant amount" means—

for the purposes of subsection (1) above, the amount of the sum paid by the appropriate agency and, if an action has been brought against the appropriate agency in respect of the liability mentioned in that subsection, the amount of any costs reasonably incurred by the appropriate agency in connection with the action (including any costs of the plaintiff which the appropriate agency was required to pay); and
for the purposes of subsections (2) and (3) above, the amount of the compensation and, if any question relating to that compensation is referred to the Upper Tribunal, the amount of any costs reasonably incurred by the appropriate agency in connection with that reference (including any costs of the claimant which the appropriate agency is required to pay).

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.