Environment Act 1995
There shall be a body corporate to be known as the Environment Agency or, in Welsh, Asiantaeth yr Amgylchedd (in this Act referred to as “the Agency”), for the purpose of carrying out the functions transferred or assigned to it by or under this Act.
The Agency shall consist of not less than eight nor more than fifteen members of whom—
three shall be appointed by the Minister; and
the others shall be appointed by the Secretary of State.
The Secretary of State shall designate—
one of the members as the chairman of the Agency, and
another of them as the deputy chairman of the Agency.
In appointing a person to be a member of the Agency, the Secretary of State or, as the case may be, the Minister shall have regard to the desirability of appointing a person who has experience of, and has shown capacity in, some matter relevant to the functions of the Agency.
Subject to the provisions of section 38 below, the Agency shall not be regarded— and the Agency’s property shall not be regarded as property of, or property held on behalf of, the Crown.
as the servant or agent of the Crown, or as enjoying any status, immunity or privilege of the Crown; or
by virtue of any connection with the Crown, as exempt from any tax, duty, rate, levy or other charge whatsoever, whether general or local;
The provisions of Schedule 1 to this Act shall have effect with respect to the Agency.
On the transfer date there shall by virtue of this section be transferred to the Agency—
the functions of the National Rivers Authority, that is to say—
its functions under or by virtue of Part II (water resources management) of the Water Resources Act 1991 (in this Part referred to as “the 1991 Act”);
its functions under or by virtue of Part III of that Act (control of pollution of water resources);
its functions under or by virtue of Part IV of that Act (flood defence) and the Land Drainage Act 1991 and the functions transferred to the Authority by virtue of section 136(8) of the Water Act 1989 and paragraph 1(3) of Schedule 15 to that Act (transfer of land drainage functions under local statutory provisions and subordinate legislation);
its functions under or by virtue of Part VII of the 1991 Act (land and works powers);
its functions under or by virtue of ... the Sea Fisheries Regulation Act 1966, the Salmon and Freshwater Fisheries Act 1975, Part V of the 1991 Act or any other enactment relating to fisheries;
the functions as a navigation authority, harbour authority or conservancy authority which were transferred to the Authority by virtue of Chapter V of Part III of the Water Act 1989 or paragraph 23(3) of Schedule 13 to that Act or which have been transferred to the Authority by any order or agreement under Schedule 2 to the 1991 Act;
its functions under Schedule 2 to the 1991 Act;
the functions assigned to the Authority by or under any other enactment, apart from this Act;
the functions of waste regulation authorities, that is to say, the functions conferred or imposed on them by or under— or assigned to them by or under any other enactment, apart from this Act;
the Control of Pollution (Amendment) Act 1989, or
Part II of the Environmental Protection Act 1990 (in this Part referred to as “the 1990 Act”),
the functions of disposal authorities under or by virtue of the waste regulation provisions of the Control of Pollution Act 1974;
the functions of the chief inspector for England and Wales constituted under section 16(3) of the 1990 Act, that is to say, the functions conferred or imposed on him by or under Part I of that Act or assigned to him by or under any other enactment, apart from this Act;
the functions of the chief inspector for England and Wales appointed under section 4(2)(a) of the Radioactive Substances Act 1993, that is to say, the functions conferred or imposed on him by or under that Act or assigned to him by or under any other enactment, apart from this Act;
the functions conferred or imposed by or under the Alkali, &c, Works Regulation Act 1906 (in this section referred to as “the 1906 Act”) on the chief, or any other, inspector (within the meaning of that Act), so far as exercisable in relation to England and Wales;
so far as exercisable in relation to England and Wales, the functions in relation to improvement notices and prohibition notices under Part I of the Health and Safety at Work etc. Act 1974 (in this section referred to as “the 1974 Act”) of inspectors appointed under section 19 of that Act by the Secretary of State in his capacity as the enforcing authority responsible in relation to England and Wales for the enforcement of the 1906 Act and section 5 of the 1974 Act; and
the functions of the Secretary of State specified in subsection (2) below.
The functions of the Secretary of State mentioned in subsection (1)(h) above are the following, that is to say—
so far as exercisable in relation to England and Wales, his functions under section 30(1) of the Radioactive Substances Act 1993 (power to dispose of radioactive waste);
his functions under Chapter III of Part IV of the Water Industry Act 1991 in relation to special category effluent, within the meaning of that Chapter, other than any function of making regulations or of making orders under section 139 of that Act;
so far as exercisable in relation to England and Wales, the functions conferred or imposed on him by virtue of his being, for the purposes of Part I of the 1974 Act, the authority which is by any of the relevant statutory provisions made responsible for the enforcement of the 1906 Act and section 5 of the 1974 Act;
so far as exercisable in relation to England and Wales, his functions under, or under regulations made by virtue of, section 9 of the 1906 Act (registration of works), other than any functions of his as an appellate authority or any function of making regulations;
so far as exercisable in relation to England and Wales, his functions under regulations 7(1) and 8(2) of, and paragraph 2(2)(c) of Schedule 2 to, the Sludge (Use in Agriculture) Regulations 1989 (which relate to the provision of information and the testing of soil).
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On the transfer date—
the property, rights and liabilities— shall, by virtue of this paragraph, be transferred to and vested in the Agency;
of the National Rivers Authority, and
of the London Waste Regulation Authority,
any property, rights or liabilities which are the subject of— shall be transferred to and vested in the Agency by and in accordance with the scheme.
a scheme made under the following provisions of this section by the Secretary of State, or
a scheme made under those provisions by a body which is a waste regulation authority and approved (with or without modifications) under those provisions by the Secretary of State,
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his property, rights and liabilities, or
the property, rights and liabilities of any of the inspectors or chief inspectors mentioned in subsection (1) of section 2 above,
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to make a scheme, after consultation with the Agency, for the transfer to the Agency of such of the body’s property, rights and liabilities as appear to the body appropriate to be so transferred in consequence of the transfer of any functions to the Agency by virtue of section 2(1)(b) or (c) above; and
to submit that scheme to the Secretary of State for his approval before such date as he may direct.
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approve the scheme;
approve the scheme subject to such modifications as he considers appropriate; or
reject the scheme;
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the body fails to submit a scheme under subsection (3) above to him for approval before the due date; or
the Secretary of State rejects a scheme under that subsection submitted to him by that body;
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Schedule 2 to this Act shall have effect in relation to transfers by or under this section.
It shall be the principal aim of the Agency (subject to and in accordance with the provisions of this Act or any other enactment and taking into account any likely costs) in discharging its functions so to protect or enhance the environment, taken as a whole, as to make the contribution towards attaining the objective of achieving sustainable development mentioned in subsection (3) below.
The Secretary of State shall from time to time give guidance to the Agency with respect to objectives which the Secretary of State considers it appropriate for the Agency to pursue in the discharge of its functions.
The guidance given under subsection (2) above must include guidance with respect to the contribution which, having regard to the Agency’s responsibilities and resources, the Secretary of State considers it appropriate for the Agency to make, by the discharge of its functions, towards attaining the objective of achieving sustainable development.
In discharging its functions, the Agency shall have regard to guidance given under this section.
The power to give guidance to the Agency under this section shall only be exercisable after consultation with—
the Agency,
Natural England, and
such other persons as the Secretary of State considers it appropriate to consult in relation to the guidance in question.
A draft of any guidance proposed to be given under this section shall be laid before each House of Parliament and the guidance shall not be given until after the period of 40 days beginning with the day on which the draft was so laid or, if the draft is laid on different days, the later of the two days.
If, within the period mentioned in subsection (6) above, either House resolves that the guidance, the draft of which was laid before it, should not be given, the Secretary of State shall not give that guidance.
In reckoning any period of 40 days for the purposes of subsection (6) or (7) above, no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
The Secretary of State shall arrange for any guidance given under this section to be published in such manner as the Secretary of State considers appropriate.
An appropriate agency's pollution control powers shall be exercisable for the purpose of preventing or minimising, or remedying or mitigating the effects of, pollution of the environment.
An appropriate agency shall, for the purpose— compile information relating to such pollution (whether the information is acquired by the Agency carrying out observations or is obtained in any other way).
of facilitating the carrying out of its pollution control functions, or
of enabling it to form an opinion of the general state of pollution of the environment,
If required by the appropriate national authority to do so, an appropriate agency shall—
carry out assessments (whether generally or for such particular purpose as may be specified in the requirement) of the effect, or likely effect, on the environment of existing or potential levels of pollution of the environment and report its findings to the appropriate national authority; or
prepare and send to the appropriate national authority a report identifying—
the options which the appropriate agency considers to be available for preventing or minimising, or remedying or mitigating the effects of, pollution of the environment, whether generally or in cases or circumstances specified in the requirement; and
the costs and benefits of such options as are identified by the appropriate agency pursuant to sub-paragraph (i) above.
An appropriate agency shall follow developments in technology and techniques for preventing or minimising, or remedying or mitigating the effects of, pollution of the environment.
In this section, “pollution control powers” and “pollution control functions”, in relation to an appropriate agency, mean respectively its powers or its functions under or by virtue of the following enactments, that is to say—
the Alkali, &c, Works Regulation Act 1906;
Part I of the Health and Safety at Work etc. Act 1974;
Part I of the Control of Pollution Act 1974;
the Control of Pollution (Amendment) Act 1989;
Parts I, II and IIA of the 1990 Act (integrated pollution control etc, waste on land and contaminated land);
Chapter III of Part IV of the Water Industry Act 1991 (special category effluent);
Part III and sections 161 to 161D of the 1991 Act (control of pollution of water resources);
the Radioactive Substances Act 1993;
regulations made by virtue of section 2(2) of the European Communities Act 1972, to the extent that the regulations relate to pollution.
regulations under section 2 of the Pollution Prevention and Control Act 1999;
regulations under section 2 of the Pollution Prevention and Control Act 1999;
But in relation to the Natural Resources Body for Wales, “pollution control powers” and “pollution control functions” do not include powers or functions which—
were exercisable by the Countryside Council for Wales or the Forestry Commissioners immediately before 1 April 2013; and
are functions of that Body by virtue of the Natural Resources Body for Wales (Functions) Order 2013.
It shall be the duty of an appropriate agency, to such extent as it considers desirable, generally to promote— and it shall be the duty of an appropriate agency, in determining what steps to take in performance of the duty imposed by virtue of paragraph (c) above, to take into account the needs of persons who are chronically sick or disabled. This subsection is without prejudice to the duties of the Agency under section 7 below.
the conservation and enhancement of the natural beauty and amenity of inland and coastal waters and of land associated with such waters;
the conservation of flora and fauna which are dependent on an aquatic environment; and
the use of such waters and land for recreational purposes;
It shall be the duty of the Agency to take all such action as it may from time to time consider, in accordance with any directions given under section 40 below, to be necessary or expedient for the purpose— but nothing in this subsection shall be construed as relieving any water undertaker of the obligation to develop water resources for the purpose of performing any duty imposed on it by virtue of section 37 of the Water Industry Act 1991 (general duty to maintain water supply system).
of conserving, redistributing or otherwise augmenting water resources in England ...; and
of securing the proper use of water resources in England ...(including the efficient use of those resources);
The provisions of the 1991 Act relating to the functions of the Agency under Chapter II of Part II of that Act and the related water resources provisions so far as they relate to other functions of the Agency shall not apply to so much of any inland waters as— except so much of those inland waters as are in England.
are part of the River Tweed;
are part of the River Esk or River Sark at a point where either of the banks of the river is in Scotland; or
are part of any tributary stream of the River Esk or the River Sark at a point where either of the banks of the tributary stream is in Scotland
The Natural Resources Body for Wales must take all such action as it may from time to time consider, in accordance with any directions given under article 11 of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I.2012/1903), to be necessary or expedient for the purpose— but nothing in this subsection shall be construed as relieving any water undertaker of the obligation to develop water resources for the purpose of performing any duty imposed on it by virtue of section 37 of the Water Industry Act 1991 (general duty to maintain water supply system).
of conserving, redistributing or otherwise augmenting water resources in Wales; and
of securing the proper use of water resources in Wales (including the efficient use of those resources);
The Agency shall in relation to England and the Natural Resources Body for Wales shall in relation to Wales exercise a general supervision over all matters relating to flood and coastal erosion risk management, in accordance with Part 1 of the Flood and Water Management Act 2010.
The Agency’s flood defence functions shall extend to the territorial sea adjacent to England ... in so far as—
the region of any Regional Flood and Coastal Committee includes any area of that territorial sea; or
section 165(2) or (3) of the 1991 Act (drainage works for the purpose of defence against sea water or tidal water, and works etc to secure an adequate outfall for a main river) provides for the exercise of any power in the territorial sea.
Subsection (3) above shall apply to— as it applies to the provisions referred to in that subsection.
sections 3 and 4 of the Water Act 2003; and
such of the related water resources provisions as apply in relation to those sections by virtue of section 33(2) of the Water Act 2003,
It shall be the duty of an appropriate agency to maintain, improve and develop fisheries of—
The area in respect of which the Agency shall carry out its functions relating to fisheries shall be the whole of England ..., together with— but, in the case of the enactments specified in paragraph (b) above, excluding the River Tweed.
such part of the territorial sea adjacent to England ... as extends for six miles from the baselines from which the breadth of that sea is measured,
in the case of— so much of the River Esk, with its banks and tributary streams up to their source, as is situated in Scotland, and
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the Salmon and Freshwater Fisheries Act 1975,
Part V of the 1991 Act (general control of fisheries), and
subsection (6) above,
in the case of sections 31 to 34 and 36(2) of the Salmon and Freshwater Fisheries Act 1975 as applied by section 39(1B) of that Act, so much of the catchment area of the River Esk as is situated in Scotland,
In this section—
the Common Council of the City of London;
“vehicle” means—
“National Park authority”, . . ., means a National Park authority established under section 63 below which has become the local planning authority for the National Park in question.
The flood defence functions of the Natural Resources Body for Wales extend to the territorial sea adjacent to Wales.
salmon, trout, eels, lampreys, smelt and freshwater fish, and
fish of such other description as may be specified for the purposes of this subsection by order under section 40A of the Salmon and Freshwater Fisheries Act 1975.
The area in respect of which the Natural Resources Body for Wales shall carry out its functions relating to fisheries shall be the whole of Wales, together with such part of the territorial sea adjacent to Wales as extends for six miles from the baselines from which the breadth of that sea is measured.
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For the purposes of this section, the parts of the territorial sea which are adjacent to Wales, and which are therefore not adjacent to England, are the parts of the sea which are treated as adjacent to Wales for the purposes of section 158 of the Government of Wales Act 2006.
It shall be the duty of each of the Ministers and of the Agency, in formulating or considering—
any proposals relating to any functions of the Agency other than its pollution control functions, so far as may be consistent— so to exercise any power conferred on him or it with respect to the proposals as to further the conservation and enhancement of natural beauty and the conservation of flora, fauna and geological or physiographical features of special interest;
with the purposes of any enactment relating to the functions of the Agency,
in the case of each of the Ministers, with the objective of achieving sustainable development,
in the case of the Agency, with any guidance under section 4 above,
in the case of the Secretary of State, with his duties under section 2 of the Water Industry Act 1991,
any proposals relating to pollution control functions of the Agency, to have regard to the desirability of conserving and enhancing natural beauty and of conserving flora, fauna and geological or physiographical features of special interest;
any proposal relating to any functions of the Agency—
to have regard to the desirability of protecting and conserving buildings, sites and objects of archaeological, architectural, engineering or historic interest;
to take into account any effect which the proposals would have on the beauty or amenity of any rural or urban area or on any such flora, fauna, features, buildings, sites or objects; and
to have regard to any effect which the proposals would have on the economic and social well-being of local communities in rural areas.
Subject to subsection (1) above, it shall be the duty of each of the Ministers and of the Agency, in formulating or considering any proposals relating to any functions of the Agency—
to have regard to the desirability of preserving for the public any freedom of access to areas of woodland, mountains, moor, heath, down, cliff or foreshore and other places of natural beauty;
to have regard to the desirability of maintaining the availability to the public of any facility for visiting or inspecting any building, site or object of archaeological, architectural, engineering or historic interest; and
to take into account any effect which the proposals would have on any such freedom of access or on the availability of any such facility.
Subsections (1) and (2) above shall apply so as to impose duties on the Agency in relation to— as they apply in relation to proposals relating to the Agency’s own functions, other than its pollution control functions.
any proposals relating to the functions of a water undertaker or sewerage undertaker,
any proposals relating to the management, by the company holding an appointment as such an undertaker, of any land for the time being held by that company for any purpose whatever (whether or not connected with the carrying out of the functions of a water undertaker or sewerage undertaker), and
any proposal which by virtue of section 156(7) of the Water Industry Act 1991 (disposals of protected land) falls to be treated for the purposes of section 3 of that Act as a proposal relating to the functions of a water undertaker or sewerage undertaker,
Subject to obtaining the consent of any navigation authority, harbour authority or conservancy authority before doing anything which causes obstruction of, or other interference with, navigation which is subject to the control of that authority, it shall be the duty of the Agency to take such steps as are— for securing, so long as the Agency has rights to the use of water or land associated with water, that those rights are exercised so as to ensure that the water or land is made available for recreational purposes and is so made available in the best manner.
reasonably practicable, and
consistent with the purposes of the enactments relating to the functions of the Agency,
It shall be the duty of the Agency, in determining what steps to take in performance of any duty imposed by virtue of subsection (4) above, to take into account the needs of persons who are chronically sick or disabled.
Nothing in this section, the following provisions of this Act or the 1991 Act shall require recreational facilities made available by the Agency to be made available free of charge.
In this section—
“owner”, in relation to premises consisting of land, means a person (other than a mortgagee not in possession) who, whether in his own right or as trustee for any other person, is entitled to receive the rack rent of the land, or, where the land is not let at a rack rent, would be so entitled if it were so let;
“authorised person” means a person who is authorised by the appropriate agency under section 108;
Where Natural England ... is of the opinion that any area of land in England ...— Natural England shall notify the fact that the land is of special interest for that reason to the appropriate agency.
is of special interest by reason of its flora, fauna or geological or physiographical features, and
may at any time be affected by schemes, works, operations or activities of an appropriate agency or by an authorisation given by an appropriate agency,
Where a National Park authority or the Broads Authority is of the opinion that any area of land in a National Park or in the Broads— the National Park authority or Broads Authority shall notify the appropriate agency of the fact that the land is such land, and of the reasons why those matters are of particular importance in relation to the land.
is land in relation to which the matters for the purposes of which sections 6(1) and 7 above (other than section 7(1)(c)(iii) above) have effect are of particular importance, and
may at any time be affected by schemes, works, operations or activities of an appropriate agency or by an authorisation given by an appropriate agency,
Where the Natural Resources Body for Wales is of the opinion that any area of land in Wales—
is of special interest by reason of its flora, fauna or geological or physiographical features, and
may at any time be affected by schemes, works, operations or activities of the Agency or by an authorisation given by the Agency, the Natural Resources Body for Wales shall notify the fact that the land is of special interest for that reason to the Agency.
Where an appropriate agency has received a notification under subsection (1) , (1A) or (2) above with respect to any land, it shall consult the notifying body before carrying out or authorising any works, operations or activities which appear to the appropriate agency to be likely—
to destroy or damage any of the flora, fauna, or geological or physiographical features by reason of which the land is of special interest; or
significantly to prejudice anything the importance of which is one of the reasons why the matters mentioned in subsection (2) above are of particular importance in relation to that land.
Subsection (3) above shall not apply in relation to anything done in an emergency where particulars of what is done and of the emergency are notified to Natural England, the Natural Resources Body for Wales, the National Park authority in question or, as the case may be, the Broads Authority as soon as practicable after that thing is done.
In this section—
in the case of SEPA, means the Secretary of State;
a permit granted by the appropriate agency under— regulations made under section 2 of the Pollution Prevention and Control Act 1999, other than the Greenhouse Gas Emissions Trading Scheme Regulations 2005 (S.I. 2005/925) and the Greenhouse Gas Emissions Trading Scheme Regulations 2012 (S.I. 2012/3038), regulations made under section 61 of the Water Act 2014.
a waste collection authority;
“flood risk activity functions”, in relation to the Agency or the Natural Resources Body for Wales, means the functions relating to flood risk activities conferred or imposed on it by or under regulations made under section 61 of the Water Act 2014;
“National Park authority”, subject to subsection (6) below, means a National Park authority established under section 63 below which has become the local planning authority for the National Park in question.
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The appropriate national authority shall have power by order to approve any code of practice issued (whether by the appropriate national authority or by another person) for the purpose of— and may at any time by such an order approve a modification of such a code or withdraw its approval of such a code or modification.
giving practical guidance to an appropriate agency with respect to any of the matters for the purposes of which the provisions specified in subsection (5) have effect, and
promoting what appear to the appropriate national authority to be desirable practices by an appropriate agency with respect to those matters,
In discharging its duties under the provisions specified in subsection (5), an appropriate agency shall have regard to any code of practice, and any modifications of a code of practice, for the time being approved under this section.
The Secretary of State shall not make an order under this section unless he has first consulted—
the Agency;
Natural England...;
the Historic Buildings and Monuments Commission for England;
the Sports Council ...; and
such other persons as he considers it appropriate to consult.
The power ... to make an order under this section shall be exercisable by statutory instrument; and any statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament (in the case of an order made by the Secretary of State) or of the National Assembly for Wales (in the case of an order made by the Welsh Ministers).
The Welsh Ministers shall not make an order under this section unless they have first consulted—
the Natural Resources Body for Wales;
the Sports Council for Wales; and
such other persons as they consider it appropriate to consult.
The provisions referred to in subsections (1) and (2) are—
in relation to the Agency, sections 6(1), 7 and 8;
in relation to the Natural Resources Body for Wales—
sections 6(1) and 8; and
articles 5A, 5C, 5D, 5E and 5G of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I.2012/1903).
This section has effect— and any reference in this section to “the relevant purposes” is a reference to the purposes described in paragraphs (a) , (aa) and (b) above.
for the purposes of section 37(1) below, as it applies in relation to the Agency; ...
for the construction of any other enactment which, by reference to the functions of an appropriate agency, confers any power on or in relation to an appropriate agency;
for the purposes of article 9 of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I.2012/1903), in relation to the Natural Resources Body for Wales; and
For the relevant purposes, the functions of an appropriate agency shall be taken to include the protection against pollution of—
any waters, whether on the surface or underground, which belong to the appropriate agency or any water undertaker or from which the appropriate agency or any water undertaker is authorised to take water;
without prejudice to paragraph (a) above, any reservoir which belongs to or is operated by the appropriate agency or any water undertaker or which the appropriate agency or any water undertaker is proposing to acquire or construct for the purpose of being so operated; and
any underground strata from which the appropriate agency or any water undertaker is for the time being authorised to abstract water in pursuance of a licence under Chapter II of Part II of the 1991 Act (abstraction and impounding).
For the relevant purposes, the functions of an appropriate agency shall be taken to include joining with or acting on behalf of one or more relevant undertakers for the purpose of carrying out any works or acquiring any land which at least one of the undertakers with which it joins, or on whose behalf it acts, is authorised to carry out or acquire for the purposes of—
any function of that undertaker under any enactment; or
any function which is taken to be a function of that undertaker for the purposes to which section 217 of the Water Industry Act 1991 applies.
For the relevant purposes, the functions of an appropriate agency shall be taken to include the provision of supplies of water in bulk, whether or not such supplies are provided for the purposes of, or in connection with, the carrying out of any other function of the appropriate agency .
For the relevant purposes, the functions of an appropriate agency shall be taken to include the provision of houses and other buildings for the use of persons employed by the appropriate agency and the provision of recreation grounds for persons so employed.
In this section—
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The Secretary of State shall establish and maintain a committee for advising him with respect to matters affecting, or otherwise connected with, the carrying out in Wales of the Agency’s functions.
The committee shall consist of such persons as may from time to time be appointed by the Secretary of State.
The committee shall meet at least once a year.
The Secretary of State may pay to the members of the committee such sums by way of reimbursement (whether in whole or in part) for loss of remuneration, for travelling expenses and for other out-of-pocket expenses as he may determine.
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It shall be the duty of the Agency—
to establish and maintain advisory committees, to be known as Environment Protection Advisory Committees, for the different regions of England and Wales;
to consult the advisory committee for any region as to any proposals of the Agency relating generally to the manner in which the Agency carries out its functions in that region; and
to consider any representations made to it by the advisory committee for any region (whether in response to consultation under paragraph (b) above or otherwise) as to the manner in which the Agency carries out its functions in that region.
The advisory committee for any region shall consist of—
a chairman appointed by the Secretary of State; and
such other members as the Agency may appoint in accordance with the provisions of the approved membership scheme for that region.
In appointing the chairman of any advisory committee, the Secretary of State shall have regard to the desirability of appointing a person who has experience of, and has shown capacity in, some matter relevant to the functions of the committee.
The members of advisory committees appointed by virtue of subsection (2)(b) above—
must not be members of the Agency; but
must be persons who appear to the Agency to have a significant interest in matters likely to be affected by the manner in which the Agency carries out any of its functions in the region of the advisory committee in question.
The duty imposed by subsection (1)(a) above to establish and maintain advisory committees is a duty to establish and maintain an advisory committee for each area which the Agency considers it appropriate for the time being to regard as a region of England and Wales for the purposes of this section.
It shall be the duty of the Agency, in determining the regions for which advisory committees are established and maintained under this section, to ensure that one of those regions consists wholly or mainly of, or of most of, Wales.
For the purposes of this section, functions of the Agency which are carried out in any area of Scotland, or of the territorial sea, which is adjacent to any region for which an advisory committee is maintained, shall be regarded as carried out in that region.
Schedule 3 to this Act shall have effect with respect to advisory committees.
In this section—
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It shall be the duty of the Agency—
to establish and maintain advisory committees of persons who are not members of the Agency but appear to it to be interested in salmon fisheries, trout fisheries, freshwater fisheries or eel fisheries in the different parts of the controlled area; and
to consult those committees as to the manner in which the Agency is to perform its duty under section 6(6) above.
If the Agency, with the consent of the Ministers, so determines, it shall also be under a duty to consult those committees, or such of them as may be specified or described in the determination, as to—
the manner in which it is to perform its duties under or by virtue of such of the enactments relating to recreation, conservation or navigation as may be the subject of the determination, or
such matters relating to recreation, conservation or navigation as may be the subject of the determination.
Where, by virtue of subsection (2) above, the Agency is under a duty to consult those committees or any of them, there may be included among the members of the committees in question persons who are not members of the Agency but who appear to it to be interested in matters— if the Ministers consent to the inclusion of persons of that description.
likely to be affected by the manner in which it performs the duties to which the determination in question relates, or
which are the subject of the determination,
The duty to establish and maintain advisory committees imposed by subsection (1) above is a duty to establish and maintain—
a regional advisory committee for each such region of the controlled area as the Agency considers it appropriate for the time being to regard as a region of that area for the purposes of this section; and
such local advisory committees as the Agency considers necessary to represent— in the different parts of each such region.
the interests referred to in subsection (1)(a) above, and
where persons may be appointed members of those committees by virtue of subsection (3) above by reference to any such interests as are mentioned in that subsection, the interests in question,
It shall be the duty of the Agency in determining the regions for which regional advisory committees are established and maintained under this section to ensure that one of those regions consists (apart from territorial waters) wholly or mainly of, or of most of, Wales.
In addition to any members appointed under the foregoing provisions of this section, there shall, in the case of each regional advisory committee established and maintained under this section, also be a chairman appointed—
by the Secretary of State, in the case of the committee established and maintained for the region described in subsection (5) above; or
by the Minister, in any other case.
There shall be paid by the Agency— as may be determined by one of the Ministers.
to the chairman of any regional or local advisory committee established and maintained under this section such remuneration and such travelling and other allowances; and
to any other members of that committee such sums by way of reimbursement (whether in whole or in part) for loss of remuneration, for travelling expenses or for any other out-of-pocket expenses,
In this section “the controlled area” means the area specified in section 6(7) above in respect of which the Agency carries out functions under section 6(6) above and Part V of the 1991 Act.
There shall be committees, known as regional flood defence committees, for the purpose of carrying out the functions which fall to be carried out by such committees by virtue of this Act and the 1991 Act.
Subject to Schedule 4 to this Act (which makes provision for the alteration of the boundaries of and the amalgamation of the areas of regional flood defence committees)—
there shall be a regional flood defence committee for each of the areas for which there was an old committee immediately before the transfer date; but
where under section 165(2) or (3) of the 1991 Act any function of the Agency falls to be carried out at a place beyond the seaward boundaries of the area of any regional flood defence committee, that place shall be assumed for the purposes of this Act and the 1991 Act to be within the area of the regional flood defence committee to whose area the area of sea where that place is situated is adjacent.
The Agency shall maintain a principal office for the area of each regional flood defence committee.
In this section “old committee” means a regional flood defence committee for the purposes of section 9 of the 1991 Act.
Subject to subsection (2) below, a regional flood defence committee shall consist of the following, none of whom shall be a member of the Agency, that is to say—
a chairman and a number of other members appointed by the relevant Minister;
two members appointed by the Agency;
a number of members appointed by or on behalf of the constituent councils.
Any person who immediately before the transfer date is, by virtue of his appointment— the chairman or a member of an old committee which, by virtue of section 14 above, is replaced by a new committee shall be treated, on and after that date, for the remainder of the period for which he would, under the terms of his appointment, have held office in relation to the old committee, as if he had been appointed as the chairman or, as the case may be, a member of the new committee, and on the same terms, by that Minister or, as the case may be, by or on behalf of that council or, in the case of a person appointed by the National Rivers Authority, by the Agency.
by a Minister of the Crown,
by or on behalf of any council, or
by the National Rivers Authority,
Subject to section 16 below and to any order under Schedule 4 to this Act amalgamating the areas of any two or more regional flood defence committees—
the total number of members of a new committee for any area shall be the same as the total number of members of the old committee for that area immediately before the transfer date;
the number of members to be appointed to a new committee for any area by or on behalf of each of the constituent councils or, as the case may be, jointly by or on behalf of more than one of them shall be the same as the number of members of the old committee for that area which fell to be so appointed immediately before the transfer date.
In any case where— the member or members in question shall be appointed by the relevant Minister on behalf of those councils.
the appointment of one or more members of a regional flood defence committee is (by virtue of subsection (3) above or an order under section 16(5) below), to be made jointly by more than one constituent council, and
the councils by whom that appointment is to be made are unable to agree on an appointment,
In appointing a person to be the chairman or a member of a regional flood defence committee under subsection (1)(a) or (c) or (4) above the relevant Minister or, as the case may be, a constituent council shall have regard to the desirability of appointing a person who has experience of, and has shown capacity in, some matter relevant to the functions of the committee.
The councils of every county, county borough, metropolitan district or London borough any part of which is in the area of a regional flood defence committee shall be the constituent councils for the regional flood defence committee for that area, and the Common Council of the City of London shall be a constituent council for the regional flood defence committee for any area which comprises any part of the City.
In this section—
“relevant agency” means the Agency, the Natural Resources Body for Wales or SEPA.
“premises” includes any land, vehicle, vessel or mobile plant;
“hedgerow” includes any stretch of hedgerow;
“navigation authority” has the meaning given by section 221(1) of the 1991 Act;
The Agency may, in accordance with the following provisions of this section, from time to time make a determination varying the total number of members of a regional flood defence committee.
The Agency shall submit any determination under subsection (1) above to the relevant Minister.
For the purposes of this section—
the total number of members of a regional flood defence committee shall not be less than eleven; and
any determination by the Agency under subsection (1) above that a regional flood defence committee should consist of more than seventeen members shall be provisional and shall take effect only if the relevant Minister makes an order under subsection (4) below.
If the Agency submits a provisional determination to the relevant Minister with respect to any regional flood defence committee and he considers that the committee should consist of more than seventeen members, he may by order made by statutory instrument—
confirm it; or
substitute for the number of members determined by the Agency some other number not less than seventeen.
Subject to the following provisions of this section, whenever— the relevant Minister shall by order made by statutory instrument specify the number of members to be appointed to the committee by each of the constituent councils.
the total number of members of a regional flood defence committee is varied under this section, or
the relevant Minister considers it necessary or expedient to make an order under this subsection,
An order under subsection (5) above shall relate—
where paragraph (a) of that subsection applies, to times after the coming into force of the variation; and
where paragraph (b) of that subsection applies, to such times as are specified in the order.
An order under subsection (5) above shall be so framed that the total number of members appointed under section 15(1)(a) and (b) above is one less than the number of those appointed by or on behalf of constituent councils.
For the purpose of determining for the purposes of subsection (5) above the number of persons to be appointed to a regional flood defence committee by or on behalf of each constituent council, the relevant Minister— may include provision to that effect in the order.
if he considers it to be inappropriate that that council should appoint a member of the committee, or
if he considers that one or more members should be appointed jointly by that council and one or more other constituent councils,
In this section—
A scheme, known as a local flood defence scheme, may be made by the Agency, in accordance with the following provisions of this section—
for the creation in the area of a regional flood defence committee of one or more districts, to be known as local flood defence districts; and
for the constitution, membership, functions and procedure of a committee for each such district, to be known as the local flood defence committee for that district.
Any local flood defence scheme which was made under the 1991 Act or continued in force by virtue of paragraph 14(1) of Schedule 2 to the Water Consolidation (Consequential Provisions) Act 1991 and which, immediately before the transfer date, is in force in relation to the area of a regional flood defence committee, shall on and after that date have effect, and may be amended or revoked, as if it were a local flood defence scheme made under this section in relation to that area; and, accordingly, subject to any such amendment or revocation—
any local flood defence district created by that scheme and in being immediately before that date shall be treated, on and after that date, as a local flood defence district created by a scheme under this section in relation to the area of that regional flood defence committee; and
any local flood defence committee created by that scheme for any such district and in being immediately before that date shall be treated, on and after that date, as the local flood defence committee for that district.
A regional flood defence committee may at any time submit to the Agency— and references in the following provisions of this section and in sections 18 and 18A below to local flood defence schemes are references to schemes under either of paragraphs (a) and (b) above.
a local flood defence scheme for any part of their area for which there is then no such scheme in force; or
a scheme varying a local flood defence scheme or revoking such a scheme and, if the committee think fit, replacing it with another such scheme;
Before submitting a scheme to the Agency under subsection (3) above, a regional flood defence committee shall consult—
every local authority any part of whose area will fall within the area to which the scheme is proposed to relate; and
such organisations representative of persons interested in flood defence (within the meaning of Part IV of the 1991 Act) or agriculture as the regional flood defence committee consider to be appropriate.
It shall be the duty of the Agency to send any scheme submitted to it under subsection (3) above to one of the Ministers.
A local flood defence scheme may define a local flood defence district— or partly by one of those means and partly by another or others.
by reference to the districts which were local land drainage districts immediately before 1st September 1989;
by reference to the area of the regional flood defence committee in which that district is situated;
by reference to a map;
A local flood defence scheme may contain incidental, consequential and supplementary provisions.
Either of the Ministers may approve a local flood defence scheme with or without modifications; and any scheme approved under this subsection shall come into force on a date fixed by the Minister approving it.
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Subject to subsections (2) and (3) below, a local flood defence scheme shall provide that any local flood defence committee to which it relates shall consist of not less than eleven and not more than fifteen members.
A regional flood defence committee may include in a local flood defence scheme which they submit to the Agency a recommendation that a committee to which the scheme relates should consist of a number of members greater than fifteen; and a scheme so submitted shall be taken to provide for the number of members of a committee if it contains a recommendation under this subsection relating to that committee.
The power conferred on each of the Ministers by section 17(8) above shall include power to direct that a committee to which a recommendation under subsection (2) above relates shall consist either of the recommended number of members or of some other number of members greater than fifteen.
A local flood defence committee shall consist of—
a chairman appointed from among their own members by the regional flood defence committee;
other members appointed by that committee; and
members appointed, in accordance with and subject to the terms of the local flood defence scheme, by or on behalf of constituent councils.
The number of members appointed to a local flood defence committee by or on behalf of constituent councils shall be one more than the total number of members appointed by the regional flood defence committee.
In appointing a person to be a member of a local flood defence committee, the regional flood defence committee shall have regard to the desirability of appointing a person who has experience of, and has shown capacity in, some matter relevant to the functions of the committee to which he is appointed.
Any person who, immediately before the transfer date is, by virtue of an appointment by an old regional committee or by or on behalf of any council, the chairman or a member of a local flood defence committee which is continued in force by virtue of section 17(2) above shall be treated, on and after that date, for the remainder of the period for which he would, under the terms of his appointment, have held office in relation to the local flood defence committee—
as if he had been appointed as such under this section by the regional flood defence committee or, as the case may be, by or on behalf of that council; and
in the case of the chairman, as if he were a member of the regional flood defence committee.
The councils of every county, county borough, metropolitan district or London borough any part of which is in a local flood defence district shall be the constituent councils for the local flood defence committee for that district, and the Common Council of the City of London shall be a constituent council for the local flood defence committee of any local flood defence district which comprises any part of the City.
In this section “old regional committee” means a regional flood defence committee for the purposes of section 9 of the 1991 Act.
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Schedule 5 to this Act shall have effect in relation to regional flood defence committees and local flood defence committees.
The Secretary of State may by order made by statutory instrument revoke any local flood defence scheme.
The power to make an order under this section shall include power to make such supplemental, consequential and transitional provision as the Secretary of State considers appropriate.
The provision which may be made under subsection (2) above includes provision altering— and subsections (7) and (8) of section 16 of this Act shall apply in relation to so much of an order under this section as is made by virtue of this subsection as they apply in relation to an order under subsection (5) of that section.
the total number of members of the regional flood defence committee in whose area the local flood defence district created by the scheme was situated; and
the total number of such members to be appointed by the constituent councils of that committee,
Paragraphs 2 to 6 of Schedule 4 to this Act, apart from paragraph 3(3), apply in relation to an order under this section as they apply in relation to an order under that Schedule, reading references there to the relevant Minister as references to the Secretary of State.
There shall be a body to be known as the Scottish Environment Protection Agency (in this Act referred to as “SEPA”), for the purpose of carrying out the functions transferred or assigned to it by or under this Act.
Schedule 6 to this Act shall have effect with respect to SEPA.
SEPA is to carry out the functions conferred on it by or under this Act or any other enactment for the purpose of protecting and improving the environment (including managing natural resources in a sustainable way).
In carrying out its functions for that purpose SEPA must, except to the extent that it would be inconsistent with subsection (1) to do so, contribute to—
improving the health and well being of people in Scotland, and
achieving sustainable economic growth.
In subsection (1), “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
On the transfer date there shall by virtue of this section be transferred to SEPA—
the functions of river purification authorities, that is to say—
heir functions with respect to water resources under or by virtue of Part III of the Rivers (Prevention of Pollution) (Scotland) Act 1951 (in this Part referred to as “the 1951 Act”) and Part II of the Natural Heritage (Scotland) Act 1991;
their functions with respect to water pollution under or by virtue of Part III of the 1951 Act, the Rivers (Prevention of Pollution) (Scotland) Act 1965 and Part II of the Control of Pollution Act 1974;
their functions as enforcing authority, in relation to releases of substances into the environment, under or by virtue of Part I of the 1990 Act;
their functions with respect to flood warning systems under or by virtue of Part VI of the Agriculture Act 1970; and
the functions assigned to them by or under any other enactment apart from this Act;
the functions of waste regulation authorities, that is to say, the functions conferred or imposed on them by or under— or assigned to them by or under any other enactment apart from this Act;
the Control of Pollution (Amendment) Act 1989; or
Part II of the 1990 Act,
the functions of disposal authorities under or by virtue of sections 3 to 10, 16, 17(1)(a) and 17(2)(b) to (d) of the Control of Pollution Act 1974;
the functions of the chief inspector for Scotland constituted under section 16(3) of the 1990 Act, that is to say, the functions conferred or imposed on him by or under Part I of that Act or assigned to him by or under any other enactment apart from this Act;
the functions of the chief inspector for Scotland appointed under section 4(2)(b) of the Radioactive Substances Act 1993, that is to say, the functions conferred or imposed on him by or under that Act or assigned to him by or under any other enactment apart from this Act;
the functions conferred or imposed by or under the Alkali, &c, Works Regulation Act 1906 (in this section referred to as “the 1906 Act”) on the chief, or any other, inspector (within the meaning of that Act), so far as exercisable in relation to Scotland;
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the functions of local authorities as enforcing authority, in relation to releases of substances into the air, under or by virtue of Part I of the 1990 Act; and
the functions of the Secretary of State specified in subsection (2) below.
The functions of the Secretary of State mentioned in subsection (1)(i) above are, so far as exercisable in relation to Scotland—
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his functions under, or under regulations made by virtue of, section 9 of the 1906 Act (registration of works), other than any functions of his as an appellate authority or any function of making regulations;
his functions under section 19 of the Clean Air Act 1993 with respect to the creation of smoke control areas by local authorities; and
his functions under section 30(1) of the Radioactive Substances Act 1993 (power to dispose of radioactive waste).
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On the transfer date—
the property, rights and liabilities of every river purification board shall, by virtue of this paragraph, be transferred to and vested in SEPA;
any property, rights and liabilities which are the subject of a scheme under this section— shall be transferred to and vested in SEPA by and in accordance with the scheme.
made by the Secretary of State; or
made by a local authority and approved by the Secretary of State,
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his property, rights and liabilities; or
the property, rights and liabilities of any of the inspectors or chief inspectors mentioned in subsection (1) of section 21 above,
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such of the authority’s property and rights as are held by it for the purposes of its functions as—
a waste regulation authority;
a disposal authority under or by virtue of the provisions mentioned in section 21(1)(c) above;
enforcing authority, in relation to releases of substances into the air, by virtue of Part I of the 1990 Act; and
in the case of an islands council, a river purification authority; and
such of its liabilities as are liabilities to which it is subject by virtue of its being an authority mentioned in paragraph (a)(i) to (iv) above,
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approve the scheme;
approve the scheme subject to such modifications as he considers appropriate; or
reject the scheme;
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the authority fails to submit a scheme under that subsection to him for his approval before the due date; or
the Secretary of State rejects a scheme under that subsection submitted to him by the authority;
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Schedule 2 to this Act shall have effect in relation to transfers by or under this section.
The functions of the staff commission established under section 12 of the Local Government etc. (Scotland) Act 1994 shall include—
considering and keeping under review the arrangements for the transfer to SEPA, in consequence of this Act or of any scheme made under it, of staff employed by local authorities;
considering such staffing problems arising out of, consequential on or connected with any provision of, or scheme made under, this Act as may be referred to them by the Secretary of State or by any local authority;
advising the Secretary of State as to the steps necessary to safeguard the interests of the staff referred to in paragraph (a) above.
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Subject to subsection (2) below, any person proposing to carry out drainage works shall—
before commencing such works, consult SEPA as to precautions to be taken to prevent pollution to controlled waters as a result of the works; and
in carrying out such works, take account of SEPA’s views.
The Secretary of State may, by regulations made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament, prescribe types of drainage works in relation to which subsection (1) above shall not apply.
In this section, “drainage works” has the same meaning as in the Land Drainage (Scotland) Act 1958 and “controlled waters” has the same meaning as in the Control of Pollution Act 1974.
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Without prejudice to section 92 of the Agriculture Act 1970 (provision of flood warning systems), SEPA shall have the function of assessing, as far as it considers it appropriate, the risk of flooding in any area of Scotland.
If requested by a planning authority to do so, SEPA shall, on the basis of such information as it holds with respect to the risk of flooding in any part of the authority’s area, provide the authority with advice as to such risk.
The Secretary of State may authorise SEPA, for the purpose of any of its functions, to purchase land compulsorily.
The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply in relation to the compulsory purchase of land under this section as if this section had been in force immediately before the commencement of that Act and, in relation to such purchase of land, SEPA shall be treated as if it were a local authority within the meaning of that Act.
Where, with a view to performing a function conferred on it by any enactment, SEPA considers that it ought to have information connected with any land, it may serve on one or more of the persons mentioned in subsection (2) below a notice—
specifying the land, the function and the enactment; and
requiring the recipient of the notice to furnish to SEPA, within such period of not less than 14 days from the date of service of the notice as is specified in the notice—
the nature of his interest in the land; and
the name and address of each person whom he believes is, as respects the land, a person mentioned in subsection (2) below.
The persons referred to in subsection (1) above are—
the occupier of the land;
any person—
who has an interest in the land as owner, creditor in a heritable security or lessee; or
who directly or indirectly receives rent for the land; and
any person who, in pursuance of an agreement between himself and a person interested in the land, is authorised to manage the land or to arrange for the letting of it.
A person who— shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
fails to comply with the requirements of a notice served on him in pursuance of subsection (1) above; or
in furnishing any information in compliance with such a notice makes a statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular,
In subsection (1) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
SEPA may, where it is satisfied that it is expedient to do so—
with the consent of the Secretary of State, petition for the issue of a provisional order under the Private Legislation Procedure (Scotland) Act 1936; or
oppose any private legislation in Parliament.
An application for the consent mentioned in paragraph (a) of subsection (1) above shall be accompanied by a concise summary of the purposes of the order petitioned for.
In paragraph (b) of subsection (1) above, “private legislation in Parliament” includes—
a provisional order and a Confirmation Bill relating to such an order; and
any local or personal Bill.
The following provisions of the Local Government (Scotland) Act 1973— shall apply in relation to SEPA as they apply in relation to a local authority, provided that in the application of the said section 202 to SEPA for subsection (13) there shall be substituted—
section 202 (procedure etc. for byelaws);
section 202C (revocation of byelaws);
section 204 (evidence of byelaws),
Subject to subsection (3) below—
this section applies to all records (in whatever form or medium)—
transferred to and vested in SEPA by or under section 22 above;
created or acquired by it in the exercise of any of its functions; or
otherwise in its keeping;
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SEPA—
shall secure that the Keeper has, at all reasonable hours, unrestricted access to the records preserved by it;
may afford members of the public, free of charge or on payment of reasonable charges, facilities for inspecting and for obtaining copies or extracts from those records.
Nothing in subsection (1)(e)(ii) above permits infringement of copyright or contravention of conditions subject to which records are in SEPA’s keeping.
Insofar as any provision of any enactment, being a provision which relates to records of a specific kind, is (but for this subsection) inconsistent with subsection (1) above, that subsection is subject to the provision in question.
In subsection (3) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
The Secretary of State shall from time to time give guidance to SEPA with respect to aims and objectives which he considers it appropriate for SEPA to pursue in the performance of its functions.
The guidance given under subsection (1) above must include guidance with respect to the contribution which, having regard to SEPA’s responsibilities and resources, the Secretary of State considers it appropriate for SEPA to make, by the performance of its functions, towards attaining the objective of achieving sustainable development.
In performing its functions, SEPA shall have regard to guidance given under this section.
The Scottish Ministers may give guidance to SEPA with respect to the carrying out of its duties under section 20A.
The power to give guidance to SEPA under this section shall be exercisable only after consultation with SEPA and such other bodies or persons as the Secretary of State considers it appropriate to consult in relation to the guidance in question.
A draft of any guidance proposed to be given under this section shall be laid before the Scottish Parliament and the guidance shall not be given until after the period of 40 days beginning with the day on which the draft was so laid . . ..
If, within the period mentioned in subsection (5) above, the Scottish Parliament resolves that the guidance, the draft of which was laid before it, should not be given, the Secretary of State shall not give that guidance.
In reckoning any period of 40 days for the purposes of subsection (5) or (6) above, no account shall be taken of any time during which the ScottishParliament is dissolved or prorogued or . . . adjourned for more than four days.
The Secretary of State shall arrange for any guidance given under this section to be published in such manner as he considers appropriate.
It shall be the duty of the Secretary of State and of SEPA, in formulating or considering any proposals relating to any functions of SEPA—
to have regard to the desirability of conserving and enhancing the natural heritage of Scotland;
to have regard to the desirability of protecting and conserving buildings, sites and objects of archaeological, architectural, engineering or historic interest;
to take into account any effect which the proposals would have on the natural heritage of Scotland or on any such buildings, sites or objects; and
to have regard to the social and economic needs of any area or description of area of Scotland and, in particular, to such needs of rural areas.
Subject to subsection (1) above, it shall be the duty of the Secretary of State and of SEPA, in formulating or considering any proposals relating to any functions of SEPA—
to have regard to the desirability of preserving for the public any freedom of access (including access for recreational purposes) to areas of forest, woodland, mountains, moor, bog, cliff, foreshore, loch or reservoir and other places of natural beauty;
to have regard to the desirability of maintaining the availability to the public of any facility for visiting or inspecting any building, site or object of archaeological, architectural, engineering or historic interest; and
to take into account any effect which the proposals would have on any such freedom of access or on the availability of any such facility.
In this section—
SEPA’s pollution control powers shall be exercisable for the purpose of preventing or minimising, or remedying or mitigating the effects of, pollution of the environment.
SEPA shall may, for the purpose— compile information relating to such pollution the general state of the environment (whether the information is acquired by SEPA carrying out observations or is obtained in any other way).
of facilitating the carrying out of its pollution control functions; or
of enabling it to form an opinion of the general state of pollution of the environment,
If required by the Secretary of State to do so, SEPA shall—
carry out assessments (whether generally or for such particular purpose as may be specified in the requirement) of the effect, or likely effect, on the environment of existing or potential levels of pollution of the environment and report its findings to the Secretary of State; or
prepare and send to the Secretary of State a report identifying—
the options which SEPA considers to be available for preventing or minimising, or remedying or mitigating the effects of, pollution of the environment, whether generally or in cases or circumstances specified in the requirement; and
the costs and benefits of such options as are identified by SEPA pursuant to sub-paragraph (i) above.
SEPA shall follow developments in technology and techniques for preventing or minimising, or remedying or mitigating the effects of, pollution of the environment.
In this section, “pollution control powers” and “pollution control functions” in relation to SEPA, mean respectively its powers or its functions under or by virtue of—
the Alkali, &c. Works Regulation Act 1906;
... Parts I, IA and II of the Control of Pollution Act 1974;
Part I of the Health and Safety at Work etc. Act 1974;
the Control of Pollution (Amendment) Act 1989;
Parts I, II and IIA of the 1990 Act;
section 19 of the Clean Air Act 1993;
the Radioactive Substances Act 1993;
regulations made by virtue of section 2(2) of the European Communities Act 1972, to the extent that the regulations relate to pollution and;
regulations under section 2 of the Pollution Prevention and Control Act 1999; ...
the Water Environment and Water Services (Scotland) Act 2003 (asp 3) and any regulations made under that Act.
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to promote the cleanliness of—
rivers, other inland waters and ground waters in Scotland; and
the tidal waters of Scotland; and
to conserve so far as practicable the water resources of Scotland.
Without prejudice to section 32 above, it shall be the duty of SEPA, to such extent as it considers desirable, generally to promote—
the conservation and enhancement of the natural beauty and amenity of inland and coastal waters and of land associated with such waters; and
the conservation of flora and fauna which are dependent on an aquatic environment.
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Where an area of land— and SNH consider that it may at any time be affected by schemes, works, operations or activities of SEPA or by an authorisation given by SEPA, SNH shall give notice to SEPA in accordance with subsection (2) below.
has been designated, under section 6(2) of the Natural Heritage (Scotland) Act 1991 (in this section referred to as “the 1991 Act”) as a Natural Heritage Area; or
is, in the opinion of Scottish Natural Heritage (in this section referred to as “SNH”), of special interest by reason of its flora, fauna or geological or physiographical features,
A notice under subsection (1) above shall specify—
in the case of an area of land mentioned in paragraph (a) of that subsection, SNH’s reasons for considering that the area is of outstanding value to the natural heritage of Scotland; and
in the case of an area of land mentioned in paragraph (b) of that subsection, SNH’s reasons for holding the opinion there mentioned.
Where SNH has given notice under subsection (1) above in respect of an area of land and— SNH shall forthwith notify SEPA of that fact.
in the case of an area of land mentioned in paragraph (a) of that subsection, the designation is cancelled or varied under section 6(7) of the 1991 Act; or
in the case of an area of land mentioned in paragraph (b) of that subsection, SNH ceases to be of the opinion there mentioned,
Where SEPA has received notice under subsection (1) above with respect to any area of land, it shall (unless SNH has given notice under subsection (3) above with respect to the land) consult SNH before carrying out or authorising any schemes, works, operations or activities which appear to SEPA to be likely—
in the case of an area of land mentioned in subsection (1)(a), significantly to prejudice the value of the land, or any part of it, as a Natural Heritage Area; and
in the case of an area of land mentioned in subsection (1)(b), to destroy or damage any of the flora or fauna or features by reason of which SNH formed the opinion there mentioned.
Subsection (4) above shall not apply in relation to anything done in an emergency if particulars of what is done and of the emergency are notified by SEPA to SNH as soon as practicable after the thing is done.
In this section, “authorisation” includes any consent, licence or permission.
Any expression used in this section and in Part I of the 1991 Act and not defined in this Act shall be construed in accordance with that Part.
The Secretary of State shall have power by order to approve any code of practice issued (whether by him or by another person) for the purpose of— and may at any time by such an order approve a modification of such a code or withdraw his approval of such a code or modification.
giving practical guidance to SEPA with respect to any of the matters for the purposes of which sections 32, 34(2) and 35and 34(2) above have effect; and
promoting what appear to him to be desirable practices by SEPA with respect to those matters,
In discharging its duties under section 32, 34(2) or 35or 34(2) above, SEPA shall have regard to any code of practice, and any modifications of a code of practice, for the time being approved under this section.
The Secretary of State shall not make an order under this section unless he has first consulted—
SEPA;
Scottish Natural Heritage;
Scottish Enterprise;
Highlands and Islands Enterprise;
the East of Scotland Water Authority;
Scottish Water;
the West of Scotland Water Authority;
the North of Scotland Water Authority; and
such other persons as he considers it appropriate to consult.
The power of the Secretary of State to make an order under this section shall be exercisable by statutory instrument; and any statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The Agency must cooperate with the Natural Resources Body for Wales, and coordinate its activities with those of the Natural Resources Body for Wales, as may be appropriate in the circumstances.
Each new Agency (that is to say, in this Part, the Agency or SEPA)— and the Agency may institute criminal proceedings in England and Wales.
may do anything which, in its opinion, is calculated to facilitate, or is conducive or incidental to, the carrying out of its functions; and
without prejudice to the generality of that power, may, for the purposes of, or in connection with, the carrying out of those functions, acquire and dispose of land and other property and carry out such engineering or building operations as it considers appropriate;
It shall be the duty of each new Agency to provide the Secretary of State or the Minister with such advice and assistance as he may request.
Subject to subsection (4) below, each new Agency may provide for any person, whether in or outside the United Kingdom, advice or assistance, including training facilities, as respects any matter in which that new Agency has skill or experience.
Without prejudice to any power of either new Agency apart from subsection (3) above to provide advice or assistance of the kind mentioned in that subsection, the power conferred by that subsection shall not be exercised in a case where the person for whom the advice or assistance is provided is outside the United Kingdom, except with the consent in writing of the appropriate Minister which consent may be given subject to such conditions as the Minister giving it thinks fit.
Each new Agency—
shall make arrangements for the carrying out of research and related activities (whether by itself or by others) in respect of matters to which its functions relate; and
may make the results of any such research or related activities available to any person in return for payment of such fee as it considers appropriate.
Subsection (5) above shall not be taken as preventing a new Agency from making the results of any research available to the public free of charge whenever it considers it appropriate to do so.
Each new Agency may by agreement with any person charge that person a fee in respect of work done, or services or facilities provided, as a result of a request made by him for advice or assistance, whether of a general or specific character, in connection with any matter involving or relating to environmental licences.
Subsection (7) above—
is without prejudice to the generality of the powers of either new Agency to make charges; but
is subject to any such express provision with respect to charging by the new Agency in question as is contained in the other provisions of this Part or in any other enactment.
In this section “engineering or building operations”, without prejudice to the generality of that expression, includes—
the construction, alteration, improvement, maintenance or demolition of any building or structure or of any reservoir, watercourse, dam, weir, well, borehole or other works; and
the installation, modification or removal of any machinery or apparatus.
In subsection (8) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
Agreements may be made between— authorising the new Agency (or any of its employees) to exercise on behalf of that Minister, with or without payment, any eligible function of his.
any Minister of the Crown, and
a new Agency,
An agreement under subsection (1) above shall not authorise the new Agency (or any of its employees) to exercise on behalf of a Minister of the Crown any function which consists of a power to make regulations or other instruments of a legislative character or a power to fix fees or charges.
An agreement under this section may provide for any eligible function to which it relates to be exercisable by the new Agency in question (or any of its employees)—
either wholly or to such extent as may be specified in the agreement;
either generally or in such cases or areas as may be so specified; or
either unconditionally or subject to the fulfilment of such conditions as may be so specified.
Subsection (5) below applies where, by virtue of an agreement under this section, a new Agency (or any of its employees) is authorised to exercise any function of a Minister of the Crown.
Subject to subsection (6) below, anything done or omitted to be done by the new Agency (or an employee of the new Agency) in, or in connection with, the exercise or purported exercise of the function shall be treated for all purposes as done or omitted to be done by that Minister in his capacity as such.
Subsection (5) above shall not apply—
for the purposes of so much of any agreement made between that Minister and the new Agency as relates to the exercise of the function; or
for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done as mentioned in that subsection.
An agreement under this section shall not prevent a Minister of the Crown exercising any function to which the agreement relates.
Where a Minister of the Crown has power to include, in any arrangements which he makes in relation to the performance by him of an eligible function, provision for the making of payments to him— he may include in any such arrangements provision for the making of such payments to him or a new Agency in cases where the new Agency (or any of its employees) acts on his behalf by virtue of an agreement under this section.
by other parties to the arrangements, or
by persons who use any facilities or services provided by him pursuant to the arrangements or in relation to whom the function is otherwise exercisable,
The power conferred on a Minister of the Crown by subsection (1) above is in addition to any other power by virtue of which functions of his may be exercised by other persons on his behalf.
In this section—
the Alkali, &c, Works Regulation Act 1906;
a local authority, within the meaning of Part IIA of that Act, in its capacity as an enforcing authority for the purposes of that Part;
“costs” includes—
Each new The Agency— shall, unless and to the extent that it is unreasonable for it to do so in view of the nature or purpose of the power or in the circumstances of the particular case, take into account the likely costs and benefits of the exercise or non-exercise of the power or its exercise in the manner in question.
in considering whether or not to exercise any power conferred upon it by or under any enactment, or
in deciding the manner in which to exercise any such power,
The duty imposed upon a new the Agency by subsection (1) above does not affect its obligation, nevertheless, to discharge any duties, comply with any requirements, or pursue any objectives, imposed upon or given to it otherwise than under this section.
The appropriate Minister may give a new Agency directions of a general or specific character with respect to the carrying out of any of its functions.
The appropriate Minister may give a new Agency such directions of a general or specific character as he considers appropriate ...—
for securing that any assimilated obligation is met, or
for the implementation of any international agreement to which the United Kingdom is for the time being a party.
Any direction under subsection (2) above shall be published in such manner as the Minister giving it considers appropriate for the purpose of bringing the matters to which it relates to the attention of persons likely to be affected by them; and—
copies of the direction shall be made available to the public; and
notice shall be given— of the giving of the direction and of where a copy of the direction may be obtained.
in the case of a direction given to the Agency, in the London Gazette, or
in the case of a direction given to SEPA, in the Edinburgh Gazette,
The provisions of subsection (3) above shall have effect in relation to any direction given to a new Agency under an enactment other than subsection (2) above ...— as those provisions have effect in relation to a direction given under subsection (2) above.
for securing that any assimilated obligation is met, or
for the implementation of any international agreement to which the United Kingdom is for the time being a party,
In determining— the body or person making the determination shall be bound by any direction given under this section or any other enactment by a Minister of the Crown to the new Agency to the same extent as the new Agency.
any appeal against, or reference or review of, a decision of a new Agency, or
any application transmitted from a new Agency,
Any power to give a direction under this section shall be exercisable, except in an emergency, only after consultation with the new Agency concerned.
Any power of the appropriate Minister to give directions to a new Agency otherwise than by virtue of this section shall be without prejudice to any power to give directions conferred by this section.
It is the duty of a new Agency to comply with any direction which is given to that new Agency by a Minister of the Crown under this section or any other enactment.
In this section, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
For the purposes of this section, the “appropriate Minister” in relation to the Agency is—
in any case not falling within paragraph (b), the Secretary of State;
in the case of a direction under subsection (1)— the Secretary of State or the Welsh Ministers.
which would have any effect in Wales, or
which relates to water resources management, water supply, rivers or other watercourses, control of pollution of water resources, sewerage or land drainage, and which would have any effect in the catchment areas of the rivers Dee, Wye and Severn,
The Secretary of State may give a direction falling within subsection (9)(b) only after consulting the Welsh Ministers.
The Welsh Ministers may give a direction under this section only with the consent of the Secretary of State.
Subject to the following provisions of this section and sections 41B, 41C and 4 below— and in this section “prescribed” means specified in, or determined under, a scheme (in this section referred to as a “charging scheme”) made under this section by the body in question.
in the case of any particular licence under Chapter II of Part II of the 1991 Act (abstraction and impounding), an appropriate agency may require the payment to it of such charges as may from time to time be prescribed;
in relation to other environmental licences, there shall be charged by and paid to the Agency, the Natural Resources Body for Wales or SEPA such charges as may from time to time be prescribed; ...
as a means of recovering costs incurred by it in performing functions conferred by regulations under section 62 of the 1990 Act (dangerous or intractable waste) each of the new Agencies may require the payment to it of such charges as may from time to time be prescribed; ...
as a means of recovering costs incurred by it in performing functions conferred by the Reservoirs Act 1975 an appropriate agency may require the payment to it of such charges as may from time to time be prescribed;
as a means of recovering costs incurred by it in performing functions conferred by the Hazardous Waste (England and Wales) Regulations 2005, the Agency may require the payment to it of such charges as may from time to time be prescribed;
as a means of recovering costs incurred by it in performing functions conferred by the Hazardous Waste (Wales) Regulations 2005, the Natural Resources Body for Wales may require the payment to it of such charges as may from time to time be prescribed;
as a means of recovering costs incurred by it in performing functions conferred by regulations made under section 62ZA of the Environmental Protection Act 1990 (special provision with respect to hazardous waste), the Agency or the Natural Resources Body for Wales may require the payment to it of such charges as may from time to time be prescribed;
as a means of recovering costs incurred by it in performing functions in connection with the regulation of the importation or exportation of waste or the transit of waste for export, the Agency, the Natural Resources Body for Wales or SEPA may require the payment to it of such charges as may from time to time be prescribed;
as a means of recovering costs incurred by it in performing functions conferred by regulations made under section 34CA of the Environmental Protection Act 1990 (electronic waste tracking) the Agency, the Natural Resources Body for Wales or SEPA may require the payment to it of such charges as may from time to time be prescribed;
as a means of recovering costs incurred by it in performing functions conferred by Regulation (EU) 2019/1021 of the European Parliament and of the Council on persistent organic pollutants (recast) as amended from time to time, the Agency, the Natural Resources Body for Wales or SEPA may require the payment to it of such charges as may from time to time be prescribed;
as a means of recovering costs incurred by it in performing functions conferred by regulations under section 79 of the Climate Change (Scotland) Act 2009 (asp 12), SEPA may require the payment to it of such charges as may from time to time be prescribed;
as a means of recovering costs incurred by it in performing functions conferred by assimilated law which implemented Council Directive 2006/117/Euratom on the supervision and control of shipments of radioactive waste and spent fuel (as it had effect immediately before IP completion day), an appropriate agency may require the payment to it of such charges as may from time to time be prescribed;
as a means of recovering costs incurred by it in performing functions conferred by assimilated law which implemented Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators (as it had effect immediately before IP completion day) the Agency, the Natural Resources Body for Wales or SEPA may require the payment to it of such charges as may from time to time be prescribed;
as a means of recovering costs incurred by it in performing functions conferred by regulation 8A of the Greenhouse Gas Emissions Trading Scheme (Amendment) and National Inventory Regulations 2005, the Agency may require the payment to it of such charges as may from time to time be prescribed;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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as a means of recovering costs incurred by it in performing functions conferred by Regulation EU 2017/852 of the European Parliament and of the Council of 17 May 2017 on mercury, and repealing Regulation (EC) No 1102/2008, the Agency, the Natural Resources Body for Wales or SEPA may require the payment to it of such charges as may from time to time be prescribed;
as a means of recovering costs incurred by it in performing functions conferred by Regulation (EC) No 1005/2009 on substances that deplete the ozone layer, the Agency, the Natural Resources Body for Wales or SEPA may require the payment to it of such charges as may from time to time be prescribed;
as a means of recovering costs incurred by it in performing functions conferred by Regulation (EU) No 517/2014 on fluorinated greenhouse gases and repealing Regulation (EC) No 842/2006, the Agency, the Natural Resources Body for Wales or SEPA may require the payment to it of such charges as may from time to time be prescribed;
as a means of recovering costs incurred by it in performing functions conferred by regulations made under Schedule 4 or 5 to the Environment Act 2021, the Agency, the Natural Resources Body for Wales or SEPA may require the payment to it of such charges as may from time to time be prescribed;
as a means of recovering costs incurred by it in performing functions conferred by the End-of-Life Vehicles (Producer Responsibility) Regulations 2005 (S.I. 2005/263), the Agency, the Natural Resources Body for Wales or SEPA may require the payment to it of such charges as may from time to time be prescribed;
as a means of recovering costs incurred by it in performing functions conferred by the Waste Electrical and Electronic Equipment Regulations 2013 (S.I. 2013/3113), the Agency, the Natural Resources Body for Wales or SEPA may require the payment to it of such charges as may from time to time be prescribed;
as a means of recovering costs incurred by it in performing functions relating to section 33(1) of the Environmental Protection Act 1990, the Agency or the Natural Resources Body for Wales may require the payment to it of such charges as may from time to time be prescribed;
as a means of recovering costs incurred by it in performing functions relating to regulation 12(1) of the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) in relation to a regulated facility which is a waste operation (within the meaning of those Regulations), the Agency or the Natural Resources Body for Wales may require the payment to it of such charges as may from time to time be prescribed;
as a means of recovering costs which are incurred by it in performing functions relating to sections 45A to 45AZB of the Environmental Protection Act 1990, the Agency may require the payment to it of such charges as may from time to time be prescribed;
as a means of recovering costs incurred by it in performing water industry enforcement functions, the Agency or the Natural Resources Body for Wales may require the payment to it by water companies of such charges as may from time to time be prescribed;
As respects environmental licences, charges may be prescribed in respect of—
the grant or variation of an environmental licence, or any application for, or for a variation of, such a licence;
the subsistence of an environmental licence;
the transfer (where permitted) of an environmental licence to another person, or any application for such a transfer;
the renewal (where permitted) of an environmental licence, or any application for such a renewal;
the surrender (where permitted) of an environmental licence, or any application for such a surrender; or
any application for the revocation (where permitted) of an environmental licence.
any other approval, consent, consideration or determination carried out by the Agency relating to any assimilated obligationor any application for such an approval of consent, consideration or determination;
the review of an environmental licence,
the consolidation of environmental licences,
an application for commercial confidentiality in respect of an environmental licence.
In paragraph (d) of subsection (1) “importation”, “exportation”, “transit of waste for export” and “waste” have the meaning they have in section 141 of the Environmental Protection Act 1990.
A charging scheme may, for the purposes of subsection (2)(b) above, impose— and in this subsection “relevant licensed period” means the period during which an environmental licence is in force or such part of that period as may be prescribed.
a single charge in respect of the whole of any relevant licensed period;
separate charges in respect of different parts of any such period; or
both such a single charge and such separate charges;
In paragraph (t) of subsection (1)—
Without prejudice to subsection (7)(a) below, a charging scheme may, as respects environmental licences, provide for different charges to be payable according to—
the description of environmental licence in question;
the description of authorised activity in question;
the scale on which the authorised activity in question is carried on;
the description or amount of the substance to which the authorised activity in question relates;
the number of different authorised activities carried on by the same person.
A charging scheme—
shall specify, in relation to any charge prescribed by the scheme, the description of person who is liable to pay the charge; and
may provide that it shall be a condition of an environmental licence of any particular description that any charge prescribed by a charging scheme in relation to an environmental licence of that description is paid in accordance with the scheme.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Without prejudice to subsection (5)(b) above, if it appears to the Agency, the Natural Resources Body for Wales or SEPA that any charges due and payable to it in respect of the subsistence of an environmental licence have not been paid, it may, in accordance with the appropriate procedure, suspend or revoke the environmental licence to the extent that it authorises the carrying on of an authorised activity.
A charging scheme may—
make different provision for different cases, including different provision in relation to different persons, circumstances or localities;
provide for the times at which, and the manner in which, the charges prescribed by the scheme are to be paid;
revoke or amend any previous charging scheme;
contain supplemental, incidental, consequential or transitional provision for the purposes of the scheme.
If and to the extent that a charging scheme relates to licences under Chapter II of Part II of the 1991 Act (abstraction and impounding), the scheme shall have effect subject to any provision made by or under sections 125 to 130 of that Act (exemption from charges, imposition of special charges for spray irrigation, and charges in respect of abstraction from waters of Canal & River Trust).
A new Agency shall not make a charging scheme unless the provisions of the scheme have been approved by the Secretary of State under section 42 below.
In this section—
in the application of this Schedule in relation to transfers by or under section 3 of this Act, the Agency; and
a motor vehicle within the meaning of the Road Traffic Regulation Act 1984,
Any power to make regulations under this section shall be exercisable by statutory instrument; and a statutory instrument containing any such regulations shall be subject to annulment pursuant to a resolution of either House of Parliament.
The Natural Resources Body for Wales may not make a charging scheme unless the provisions of the scheme have been approved by the Welsh Ministers under section 42.
Any power of the Secretary of State to make regulations under this section is exercisable in relation to Wales only after consultation with the Welsh Ministers.
Before submitting a proposed charging scheme to the Secretary of State or the Welsh Ministers for approval, a charging authority shall, in such manner as it considers appropriate for bringing it to the attention of persons likely to be affected by the scheme, publish a notice—
setting out its proposals; and
specifying the period within which representations or objections with respect to the proposals may be made to the Secretary of State or, as the case may be, the Welsh Ministers.
Where any proposed charging scheme has been submitted to the Secretary of State or the Welsh Ministers for approval, he or they shall, in determining whether or not to approve the scheme or to approve it subject to modifications,—
consider any representations or objections duly made to him or them and not withdrawn; and
have regard to—
in the case of a charging scheme made under section 41, the matter specified in subsection (3);
in the case of a charging scheme made under section 41A, the matter specified in subsection (3A).
The matter mentioned in subsection (2)(b)(i) above is the desirability of ensuring that, in the case of each of the descriptions of environmental licence specified in the paragraphs of the definition of that expression in section 56 below, the amounts recovered by the charging authority in question by way of charges prescribed by charging schemes are the amounts which, taking one year with another, need to be recovered by that charging authority to meet such of the costs and expenses (whether of a revenue or capital nature)— as the Secretary of State or, as the case may be, the Welsh Ministers may consider it appropriate to attribute to the carrying out of those functions in relation to activities to which environmental licences of the description in question relate.
which it incurs in carrying out its functions,
in the case of environmental licences which are authorisations for radioactive substances activities under the Environmental Authorisations (Scotland) Regulations 2018— which the Food Standards Agency incurs in carrying out its functions in relation to environmental permits under the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) concerning the disposal of radioactive waste within the meaning of those Regulations.
which the Food Standards Agency incurs in carrying out its functions under or in consequence of those Regulations, and
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in the case of licences granted by the Agency under Chapter II of Part II of the 1991 Act (abstraction and impounding), which the Natural Resources Body for Wales incurs in carrying out its functions under Part II of that Act or section 6(2A) above in the catchment areas of the rivers Dee, Wye and Severn for purposes connected with abstractions from, or impounding of, waters in England,
in the case of licences granted by the Natural Resources Body for Wales under Chapter II of Part II of the 1991 Act (abstraction and impounding), which the Agency incurs in carrying out its functions under Part II of that Act or section 6(2) above in the catchment areas of the rivers Dee, Wye and Severn for purposes connected with abstractions from, or impounding of, waters in Wales,
Without prejudice to the generality of the expression “costs and expenses”, in determining for the purposes of subsection (3) or (3A) above the amounts of the costs and expenses which the Secretary of State considers or which the Welsh Ministers consider it appropriate to attribute to the carrying out of a charging authority's or the Food Standard Agency’s functions ..., the Secretary of State or the Welsh Ministers—
shall take into account any determination of the charging authority's financial duties under section 44 below or (in the case of the Natural Resources Body for Wales) under article 13 of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I.2012/1903); and
may include amounts in respect of the depreciation of, and the provision of a return on, such assets as are held by the charging authority, or the Food Standards Agency, for purposes connected with the carrying out of the functions in question.
The matter mentioned in subsection (2)(b)(ii) above is the desirability of ensuring that the amounts recovered by the charging authority in question by way of charges prescribed by charging schemes are the amounts which, taking one year with another, need to be recovered by that charging authority to meet such of the costs and expenses (whether of a revenue or capital nature) which it incurs in carrying out its functions in relation to the matters described in section 41A(1) as the Secretary of State or, as the case may be, the Welsh Ministers may consider it appropriate to attribute to the carrying out of those functions.
If and to the extent that a charging scheme relates to any licence under Chapter II of Part II of the 1991 Act (abstraction and impounding), the Secretary of State or the Welsh Ministers (as the case may be) may consider it appropriate to attribute to the carrying out of an appropriate agency's functions in relation to activities to which such a licence relates any costs and expenses incurred by the appropriate agency in carrying out any of its functions under Part II of that Act or under section 6(2) or (2A) above.
Subsection (5) above is without prejudice to what costs and expenses the Secretary of State or the Welsh Ministers may consider it appropriate to attribute to the carrying out of any functions of a charging authority, the Minister or the Secretary of State in relation to activities to which environmental licences of any particular description relate.
The consent of the Treasury shall be required for the giving of approval to a charging scheme submitted by the Agency or by both of the appropriate agencies acting jointly . . ..
It shall be the duty of a charging authority to take such steps as it considers appropriate for bringing the provisions of any charging scheme made by it which is for the time being in force to the attention of persons likely to be affected by them.
If and to the extent that any sums recovered by a charging authority by way of charges prescribed by charging schemes may fairly be regarded as so recovered for the purpose of recovering the amount required to meet (whether in whole or in part)—such of the costs and expenses incurred by the Food Standards Agency as fall within subsection (3) above those sums shall be paid by that charging authority to the Food Standards Agency.
such of the costs and expenses incurred by the Secretary of State as fall within subsection (3) above, or
such of the costs and expenses incurred by the Minister as fall within that subsection,
For the purposes of subsection (9) above, any question as to the extent to which any sums may fairly be regarded as recovered for the purpose of recovering the amount required to meet the costs and expenses falling within that subsection shall be determined by the Secretary of State.
in the case of costs and expenses falling within paragraph (a) of that subsection, by the Secretary of State; and
in the case of costs and expenses falling within paragraph (b) of that subsection, by the Secretary of State and the Minister.
In this section “charging scheme” means a scheme made under section 41 or 41A and “charging authority” means the body that makes or proposes to make a charging scheme.
The Agency must pay to the Natural Resources Body for Wales any sums which the Agency recovers under a charging scheme made under section 41 (other than a joint charging scheme made in accordance with section 41B) that may fairly be regarded as recovered for the purpose of meeting (in whole or in part) any costs and expenses incurred, or deemed to have been incurred, by the Body in carrying out its functions under Part II of the 1991 Act or section 6(2A) above.
The Natural Resources Body for Wales must pay to the Agency any sums which the Body recovers under a charging scheme made under section 41 (other than a joint charging scheme made in accordance with section 41B) that may fairly be regarded as recovered for the purpose of meeting (in whole or in part) any costs and expenses incurred by the Agency in carrying out its functions under Part II of the 1991 Act or section 6(2) above, other than costs and expenses that are deemed to have been incurred by the Body.
Any sums recovered by an appropriate agency by way of charges prescribed by a joint charging scheme made in accordance with section 41B must be apportioned between, and paid to, each appropriate agency in the manner specified by the scheme pursuant to section 41B(2)(b).
For the purposes of subsections (9A) and (9B), costs or expenses are deemed to have been incurred by the Natural Resources Body for Wales if the liability for those costs or expenses was transferred from the Agency to the Body on 1st April 2013—
by a transfer scheme made by the Welsh Ministers under section 23 of the Public Bodies Act 2011; or
by virtue of article 10 of, and paragraph 2 of Schedule 7 to, the Natural Resources Body for Wales (Functions) Order 2013.
Any dispute as to the apportionment or payment of sums under subsection (9A), (9B) or (9C) shall be determined by the Secretary of State and the Welsh Ministers acting jointly.
In the application of this section to Scotland, the references to the Food Standards Agency are to be read as references to Food Standards Scotland.
Each of the charging authorities may require the payment to it of such charges as may from time to time be prescribed— and in this section “prescribed” means specified in, or determined under, a scheme (in this section referred to as a “charging scheme”) made under this section by the charging authority in question.
as a means of recovering costs incurred by it in performing functions conferred under or by virtue of—
the Greenhouse Gas Emissions Trading Scheme Regulations 2005 (S.I. 2005/925);
the Aviation Greenhouse Gas Emissions Trading Scheme Regulations 2010 (S.I. 2010/1996);
the Greenhouse Gas Emissions Trading Scheme Regulations 2012 (S.I. 2012/3038).
in respect of—
an application to open an account that, under the Registries Regulation 2013, is required to be held in the Kyoto Protocol Registry;
the subsistence of such an account;
the updating of information provided to the Agency in relation to such an account;
A charging scheme may—
make different provision for different cases, including different provision in relation to different persons, circumstances or localities;
provide for the times at which, and the manner in which, the charges prescribed by the scheme are to be paid;
revoke or amend any previous charging scheme;
contain supplemental, incidental, consequential or transitional provision for the purposes of the scheme.
A charging scheme must specify, in relation to any charge prescribed by the scheme, the description of person who is liable to pay the charge.
A charging authority may not make a charging scheme unless the provisions of the scheme have been approved by the Secretary of State , the Welsh Ministers or the Scottish Ministers under section 42.
If the Agency— the Agency and that other charging authority shall each include in a charging scheme (subject to approval by the Secretary of State , the Welsh Ministers or the Scottish Ministers under section 42) provision giving effect to the proposals.
proposes to prescribe charges under subsection (1)(b) or to amend any provision for such charges included in a charging scheme, and
notifies another charging authority of its proposals,
If the Agency revises any proposals of which it has given notification under subsection (2) above, and notifies the relevant charging authority accordingly, the obligations imposed by that subsection apply in relation to the proposals as revised.
A notification under subsection (2) or (3) above shall include details of the amount of the proposed charges.
The Natural Resources Body for Wales and SEPA shall pass on to the Agency any charges under subsection (1)(b) that they receive.
A charging scheme made by the Agency may require the payment to the Agency of such charges as may from time to time be prescribed in respect of—
an application to open an account in the Kyoto Protocol Registry, other than one that under the Registries Regulation 2013 is required to be held in that registry;
the subsistence of such an account;
the updating of information provided to the Agency in relation to such an account.
In this section—
A charging scheme under section 41 relating to licences under Chapter II of Part II of the 1991 Act may be made by both of the appropriate agencies acting jointly (referred to in this section as a “joint charging scheme”), if that scheme prescribes charges in relation to licences granted within a combined area that—
is partly in England and partly in Wales; and
includes all of, or any part of, the catchment areas of the rivers Dee, Wye and Severn.
A joint charging scheme must—
designate the combined area to which it applies; and
specify the manner in which the sums recovered by way of charges prescribed by the scheme are to be apportioned between, and paid to, each appropriate agency.
Subsections (9) and (9A) of section 41 do not apply to joint charging schemes.
Subject to subsection (5), the appropriate agencies may not make a joint charging scheme unless the provisions of the scheme have been approved under section 42 by the Secretary of State and the Welsh Ministers acting jointly.
Section 42 applies in relation to joint charging schemes as though references in that section to—
anything done by or in relation to either the Secretary of State or the Welsh Ministers were references to that thing being done by or in relation to the Secretary of State and the Welsh Ministers acting jointly;
a charging authority were references to both of the appropriate agencies acting jointly.
This section does not affect any power of an appropriate agency to make a charging scheme under section 41.
An appropriate agency may not make or revise a relevant charging scheme unless it has—
notified the other appropriate agency of its proposal; and
had regard to any information provided by the other appropriate agency relating to costs or expenses—
which the other appropriate agency has incurred or expects to incur, and
in respect of which the other appropriate agency considers that the relevant charging scheme should make provision.
Subsection (1) does not apply to a joint charging scheme made in accordance with section 41B.
An appropriate agency may not, without the consent of the other appropriate agency, enter into any agreement, or any variation of an agreement, as a result of which it will be liable to incur costs or expenses—
in respect of which it would expect a relevant charging scheme made by the other appropriate agency (or by both of the appropriate agencies acting jointly) to make provision; and
which would, if an existing relevant charging scheme were revised to make provision for the purpose of recovering the amount required to meet those costs or expenses in full, result in a significant increase in the charges payable under that charging scheme.
Either appropriate agency may refer the question of whether consent should be given for the purposes of subsection (3) for determination by the Secretary of State and the Welsh Ministers acting jointly.
The Secretary of State and the Welsh Ministers, acting jointly—
may give guidance to the appropriate agencies as to the exercise of the appropriate agencies’ functions under this section;
must arrange for any guidance given under this subsection to be published in such manner as they consider appropriate.
The appropriate agencies must have regard to any guidance given under subsection (5).
In this section, “relevant charging scheme” means a charging scheme under section 41 which relates to any extent to licences granted under Chapter II of Part II of the 1991 Act in respect of abstractions from, or impounding of, waters in the catchment areas of the rivers Dee, Wye and Severn.
Without prejudice to the generality of its powers by virtue of section 37(1)(a) above and subject to any such express provision with respect to charging by a new Agency as is contained in the preceding provisions of this Chapter or any other enactment, each new Agency shall have power to fix and recover charges for services and facilities provided in the course of carrying out its functions.
In subsection (1) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
The appropriate Ministers may— determine the financial duties of that new Agency; and different determinations may be made for different functions and activities of the new Agency.
after consultation with a new Agency, and
in the case of the Agency only with the approval of the Treasury,
The appropriate Ministers shall give a new Agency notice of every determination of its financial duties under this section, and such a determination may—
relate to a period beginning before, on, or after, the date on which it is made;
contain supplemental provisions; and
be varied by a subsequent determination.
The appropriate Minister may, after consultation with . . . a new Agency, and, in the case of the Agency only, after consultation with Treasury, give a direction to that new Agency requiring it to pay to him an amount equal to the whole or such part as may be specified in the direction of any sum, or any sum of a description, so specified which is or has been received by that new Agency.
Where it appears to the appropriate Minister that a new Agency has a surplus, whether on capital or revenue account, he may, after consultation with the Treasury (in the case of the Agency only) and the new Agency, direct the new Agency to pay to him such amount not exceeding the amount of that surplus as may be specified in the direction.
In the case of the Agency—
subsection (1) above is subject to section 118 of the 1991 Act (special duties with respect to flood defence revenue);
subsection (3) above is subject to sections 118(1)(a) and 119(1) of the 1991 Act (special duties with respect to flood defence revenue and funds raised for fishery purposes under local enactments); and
subsection (4) above is subject to sections 118(1)(b) and 119(2) of the 1991 Act (which provide for flood defence revenue and certain funds raised under local enactments to be disregarded in determining whether there is a surplus).
Each new Agency shall—
keep proper accounts and proper accounting records; and
prepare in respect of each accounting year a statement of accounts giving a true and fair view of the state of affairs and the income and expenditure of the new Agency.
Every statement of accounts prepared by a new Agency in accordance with this section shall comply with any requirement which the appropriate Ministers have in the case of the Agency only, with the consent of the Treasury, notified in writing to the new Agency and which relates to any of the following matters, namely—
the information to be contained in the statement;
the manner in which that information is to be presented;
the methods and principles according to which the statement is to be prepared.
In this section—
If the Secretary of State so directs in relation to any accounting year of either new Agency, that accounting year shall end with such date other than the next 31st March as may be specified in the direction; and, where the Secretary of State has given such a direction, the following accounting year shall begin with the day after the date so specified and, subject to any further direction under this subsection, shall end with the next 31st March.
The accounts of each new Agency, with the exception of those accounts of the Agency that relate to a financial year ending on or after 31st March 2004, shall be audited by an auditor appointed for each accounting year by the Secretary of State.
A person shall not be qualified for appointment under subsection (1) above unless—
he is eligible for appointment as a statutory auditor under Part 42 of the Companies Act 2006 ; and
if the appointment were an appointment as a statutory auditor, he would not be prohibited from acting by virtue of section 1214 of that Act (independence requirement).
A copy of— shall be sent to each of the appropriate Ministers as soon as reasonably practicable after the report is received by the new Agency; and the Secretary of State shall lay before each House of Parliament a copy of those accounts and that report.
any accounts of a new Agency which are audited under subsection (1) above, and
the report made on those accounts by the auditor,
The Comptroller and Auditor General— and section 6 of the National Audit Act 1983 (examinations of economy, efficiency and effectiveness) accordingly applies to each new Agency.
shall be entitled to inspect the contents of all accounts and accounting records of a new Agency; and
may report to the House of Commons the results of any inspection carried out by him under paragraph (a) above;
The Agency shall send a copy of its accounts in respect of each financial year ending on or after 31st March 2004 to the Comptroller and Auditor General as soon as reasonably practicable after the end of the financial year to which the accounts relate.
In this section—
harm to the health of human beings or other living organisms,
The Comptroller and Auditor General shall examine, certify and report on any accounts sent to him by the Agency under subsection (3A) and shall lay before each House of Parliament a copy of those accounts and his report on them.
The appropriate Minister may, in the case of the Agency only with the approval of the Treasury, make to a new Agency grants of such amounts, and on such terms, as he thinks fit.
SEPA shall send the statement of accounts for each accounting year to the Scottish Ministers by such time as they may direct.
The Scottish Ministers shall send the statement of accounts to the Auditor General for Scotland for auditing.
In this section, “accounting year” has the same meaning as in section 45 above.
Each new Agency shall be entitled to borrow in accordance with the following provisions of this section, but not otherwise.
Subject to subsection (5) below, each new Agency may— borrow temporarily in sterling, by way of overdraft or otherwise, from persons other than the appropriate Ministers, such sums as it may require for meeting its obligations and carrying out its functions.
with the consent of the appropriate Minister, and
in the case of the Agency only with the approval of the Treasury,
Subject to subsection (5) below, each new Agency may borrow from the appropriate Minister, by way of temporary loan or otherwise, such sums in sterling as it may require for meeting its obligations and carrying out its functions.
Any consent under subsection (2)(a) above may be granted subject to conditions.
The aggregate amount outstanding in respect of the principal of sums borrowed under this section by a new Agency shall not at any time exceed—
in the case of the Agency, £100 million or such greater sum, not exceeding £160 million, as the Ministers may by order specify; or
in the case of SEPA, £5 million or such greater sum, not exceeding £10 million, as the Secretary of State may by order specify.
The power to make an order under subsection (5) above shall be exercisable by statutory instrument; but no order shall be made under that subsection unless a draft of the order has been laid before, and approved by a resolution of, the House of Commons.
The appropriate Minister may, in the case of the Agency only,with the approval of the Treasury, lend to a new Agency any sums which it has power to borrow under section 48(3) above.
Any loan made under this section by one of the appropriate Ministers shall be repaid to him at such times and by such methods, and interest on the loan shall be paid to him at such rates and at such times, as that Minister may with the approval of the Treasury from time to time determine.
If in any financial year any of the appropriate Ministers lends any sums to a new Agency under this section, he shall— and the form of the account and the manner of preparing it shall be such as the Treasury may direct.
prepare in respect of that financial year an account of the sums so lent by him; and
send that account to the Comptroller and Auditor General before the end of September in the following financial year;
The Comptroller and Auditor General shall examine, certify and report on each account sent to him under this section and shall lay copies of it and of his report before each House of Parliament.
The Treasury may issue to any of the appropriate Ministers— such sums as are necessary to enable him to make loans to a new Agency under this section; and any sums received by a Minister of the Crown in pursuance of subsection (2) above shall be paid into the National Loans Fund or, as the case may be, the Consolidated Fund.
out of the National Loans Fund, or
out of money provided by Parliament,
The appropriate Minister may, in the case of the Agency only with the consent of the Treasury, guarantee, in such manner and on such conditions as he may think fit, the repayment of the principal of, the payment of interest on, and the discharge of any other financial obligation in connection with, any sum which a new Agency borrows from any person.
A Minister who gives a guarantee under this section shall forthwith lay a statement of the guarantee before each House of Parliament.
Where any sum is paid out for fulfilling a guarantee under this section, the Minister who gave the guarantee shall, as soon as reasonably practicable after the end of each financial year (beginning with that in which the sum is paid out and ending with that in which all liability in respect of the principal of the sum and in respect of interest on it is finally discharged), lay before each House of Parliament a statement relating to that sum.
If any sums are paid out in fulfilment of a guarantee under this section, the new Agency which borrowed the sum by reference to which the guarantee was given shall make to the Minister who gave the guarantee, at such times and in such manner as he may from time to time direct,— and the consent of the Treasury shall be required for the giving of a direction under this subsection in the case of the Agency only.
payments of such amounts as he may so direct in or towards repayment of the sums so paid out; and
payments of interest, at such rate as he may so direct, on what is outstanding for the time being in respect of sums so paid out;
Each new Agency shall be entitled to borrow in accordance with the following provisions of this section, but not otherwise.
Subject to subsections (5) and (5A) below, each new Agency may— borrow temporarily in sterling, by way of overdraft or otherwise, from persons other than the appropriate Ministers, such sums as it may require for meeting its obligations and carrying out its functions.
with the consent of the appropriate Minister, and
in the case of the Agency only with the approval of the Treasury,
Subject to subsections (5) and (5A) below, each new Agency may borrow from the appropriate Minister, by way of temporary loan or otherwise, such sums in sterling as it may require for meeting its obligations and carrying out its functions.
Any consent under subsection (2)(a) above may be granted subject to conditions.
The aggregate amount outstanding in respect of the principal of sums borrowed under this section by a new Agency shall not at any time exceed—
in the case of the Agency, £100 million or such greater sum, not exceeding £160 million, as the Ministers may by order specify; . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In any financial year the net amount of sums borrowed by SEPA under this section shall not exceed the amount specified for that year for the purposes of this section in a Budget Act.
In subsection (5A) above, “net amount” means the amount of sums borrowed in the financial year less any repayments made during that year (otherwise than by way of interest) in respect of sums borrowed in that or any other year.
The power to make an order under subsection (5) above shall be exercisable by statutory instrument; but no order shall be made under that subsection unless a draft of the order has been laid before, and approved by a resolution of, the House of Commons.
A new Agency shall furnish the appropriate Minister with all such information as he may reasonably require relating to—
the new Agency’s property;
the carrying out and proposed carrying out of its functions; and
its responsibilities generally.
Information required under this section shall be furnished in such form and manner, and be accompanied or supplemented by such explanations, as the appropriate Minister may reasonably require.
Nothing in this section authorises the disclosure by SEPA of protected taxpayer information which was obtained by SEPA in connection with a function of Revenue Scotland delegated to it by Revenue Scotland under section 4(1)(b) of the Revenue Scotland and Tax Powers Act 2014 (asp 16).
The information which a new Agency may be required to furnish to the appropriate Minister under this section shall include information which, although it is not in the possession of the new Agency or would not otherwise come into the possession of the new Agency, is information which it is reasonable to require the new Agency to obtain.
A requirement for the purposes of this section shall be contained in a direction which—
may describe the information to be furnished in such manner as the Minister giving the direction considers appropriate; and
may require the information to be furnished on a particular occasion, in particular circumstances or from time to time.
For the purposes of this section a new Agency shall—
permit any person authorised for the purpose by the appropriate Minister to inspect and make copies of the contents of any accounts or other records of the new Agency; and
give such explanation of them as that person or the appropriate Minister may reasonably require.
In subsection (1A), “protected taxpayer information” has the meaning given by section 14 of the Revenue Scotland and Tax Powers Act 2014 (asp 16).
As soon as reasonably practicable after the end of each financial year, each new Agency shall prepare a report on its activities during that year and shall send a copy of that report to each of the appropriate Ministers.
Every such report shall set out any directions under section 40 above which have been given to the new Agency in question during the year to which the report relates, other than directions given under subsection (1) of that section which are identified to that new Agency in writing by the appropriate Minister as being directions the disclosure of which would, in his opinion, be contrary to the interests of national security.
The Secretary of State shall lay a copy of every such report before each House of Parliament and shall arrange for copies of every such report to be published in such manner as he considers appropriate.
A new Agency’s annual report shall be in such form and contain such information as may be specified in any direction given to the new Agency by the appropriate Ministers.
Without prejudice to any other provision of this Act or any other enactment by virtue of which an inquiry or other hearing is authorised or required to be held, the appropriate Minister may cause an inquiry or other hearing to be held if it appears to him expedient to do so—
in connection with any of the functions of a new Agency; or
in connection with any of his functions in relation to a new Agency.
Subsections (2) to (5) of section 250 of the Local Government Act 1972 (which contain supplementary provisions with respect to local inquiries held in pursuance of that section) shall apply to inquiries or other hearings under this section or any other enactment— as they apply to inquiries under that section, but taking the reference in subsection (4) of that section to a local authority as including a reference to the Agency or, as the case may be, the Natural Resources Body for Wales.
in connection with any of the functions of the Agency or any of the relevant environmental functions of the Natural Resources Body for Wales, or
in connection with any functions of the Secretary of State or the Minister in relation to the Agency or any functions of the Welsh Ministers in relation to the relevant environmental functions of the Natural Resources Body for Wales,
Without prejudice to any other provision of this Act or any other enactment by virtue of which an inquiry or other hearing is authorised or required to be held, the Welsh Ministers may cause an inquiry or other hearing to be held if it appears to them expedient to do so—
in connection with any of the relevant environmental functions of the Natural Resources Body for Wales; or
in connection with any of their functions in relation to the relevant environmental functions of that Body.
The provisions of subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 (which relate to the holding of local inquiries) shall apply to inquiries or other hearings held under this section or any other enactment— as they apply to inquiries held under that section.
in connection with any of the functions of SEPA, or
in connection with any functions of the Secretary of State in relation to SEPA,
In subsections (1) and (3) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
In this section, “relevant environmental functions” means—
pollution control functions (within the meaning of section 5); and
any functions relating to water resources, flood and coastal erosion risk management or fisheries.
In England and Wales, a person who is authorised by the Agency to prosecute on its behalf in proceedings before a magistrates’ court shall be entitled to prosecute in any such proceedings ....
The abolition of— shall not affect the validity of anything done by that Authority or board before the transfer date.
the National Rivers Authority,
the London Waste Regulation Authority, or
a river purification board,
Anything which, at the transfer date, is in the process of being done by or in relation to a transferor in the exercise of, or in connection with, any of the transferred functions may be continued by or in relation to the transferee.
Anything done by or in relation to a transferor before the transfer date in the exercise of, or otherwise in connection with, any of the transferred functions, shall, so far as is required for continuing its effect on and after that date, have effect as if done by or in relation to the transferee.
Subsection (3) above applies in particular to—
any decision, determination, declaration, designation, agreement or instrument made by a transferor;
any regulations or byelaws made by a transferor;
any licence, permission, consent, approval, authorisation, exemption, dispensation or relaxation granted by or to a transferor;
any notice, direction or certificate given by or to a transferor;
any application, request, proposal or objection made by or to a transferor;
any condition or requirement imposed by or on a transferor;
any fee or charge paid by or to a transferor;
any appeal allowed by or in favour of or against a transferor;
any proceedings instituted by or against a transferor.
Any reference in the foregoing provisions of this section to anything done by or in relation to a transferor includes a reference to anything which, by virtue of any enactment, is treated as having been done by or in relation to that transferor.
Any reference to a transferor in any document constituting or relating to anything to which the foregoing provisions of this section apply shall, so far as is required for giving effect to those provisions, be construed as a reference to the transferee.
The foregoing provisions of this section— and the Secretary of State may, in relation to any particular functions, by order exclude, modify or supplement any of the foregoing provisions of this section or make such other transitional provisions as he thinks necessary or expedient.
are without prejudice to any provision made by this Act in relation to any particular functions; and
shall not be construed as continuing in force any contract of employment made by a transferor;
Where, by virtue of any provision of Schedule 15 to this Act, the Minister is the transferor in the case of any functions, he shall have the same powers under subsection (7) above in relation to those functions as the Secretary of State.
The power to make an order under subsection (7) above shall be exercisable by statutory instrument; and any statutory instrument containing such an order shall be subject to annulment pursuant to a resolution of either House of Parliament.
In this section—
In this Part of this Act, except where the context otherwise requires—
In relation to any time on or after 1st April 1996—
subsection (1) above shall have effect as if, in the definition of “local authority”, for the words “district or islands council in Scotland” there were substituted the words “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”; and
in section 22(3)(a)(iv) above the reference to an islands council shall be construed as a reference to a council mentioned in section 3(1) of the Local Government etc. (Scotland) Act 1994.
Where by virtue of any provision of this Part any function of a Minister of the Crown is exercisable concurrently by different Ministers, that function shall also be exercisable jointly by any two or more of those Ministers.
After section 78 of the Environmental Protection Act 1990 there shall be inserted—
After Chapter II of Part III of the Water Resources Act 1991 (pollution offences) there shall be inserted—
After Part I of the Control of Pollution Act 1974 (waste on land) there shall be inserted—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 161 of that Act (anti-pollution works and operations) in subsection (1), after paragraph (b) there shall be inserted the words— “ and, in either case, the Agency shall be entitled to carry out investigations for the purpose of establishing the source of the matter and the identity of the person who has caused or knowingly permitted it to be present in controlled waters or at a place from which it was likely, in the opinion of the Agency, to enter controlled waters. ”
In subsection (3) of that section (Agency entitled to recover expenses of works or operations from the person responsible for the pollution) for the words “or operations” there shall be substituted the words “ operations or investigations ”.
In subsection (4) of that section (exception for expenses of works or operations in respect of water from an abandoned mine)—
for the words “or operations” there shall be substituted the words “ operations or investigations ”; and
after the words “an abandoned mine” there shall be inserted the words “ or an abandoned part of a mine ”.
After that subsection there shall be inserted—
“expenses” includes costs;
In section 5 of the National Parks and Access to the Countryside Act 1949 (National Parks) for subsection (1) (which provides that Part II of that Act has effect for the purpose of preserving and enhancing the natural beauty of the areas specified in subsection (2) of that section and for the purpose of promoting their enjoyment by the public) there shall be substituted—
The amendment made by subsection (1) above is without prejudice to the continuing validity of any designation of an area as a National Park under subsection (3) of that section.
The following enactments (which refer to the purposes specified in section 5(1) of the National Parks and Access to the Countryside Act 1949), that is to say— shall have effect in accordance with subsection (4) below.
sections 6(3) and (4)(g), 11 and 101(3) of that Act, and
sections 2(5)(b) and 13(4) of the Countryside Act 1968,
In the application of any provision specified in subsection (3) above, any reference to the purposes specified in subsection (1) of section 5 of the National Parks and Access to the Countryside Act 1949—
in relation to any particular National Park, shall be construed as a reference to the substituted purposes as from the time when a National Park authority becomes the local planning authority for that Park; and
in relation to National Parks generally, shall be construed as a reference—
to the original purposes, so far as relating to National Parks in the case of which the National Park authority has not become the local planning authority since the coming into force of this section, and
to the substituted purposes, so far as relating to National Parks in the case of which the National Park authority has become the local planning authority since the coming into force of this section.
In subsection (4) above—
is contained in an instrument made under an Act and comes into force before the commencement of section 22 of that 2016 Act;
“the 1990 Act” means the Environmental Protection Act 1990;
After section 11 of the National Parks and Access to the Countryside Act 1949 (general powers of local planning authorities in relation to National Parks) there shall be inserted—
The duty imposed by subsection (1) of the section 11A inserted by subsection (1) above shall take effect, in the case of any particular National Park, as from the time when a National Park authority becomes the local planning authority for that Park.
The Secretary of State may— by order establish an authority (to be known as “a National Park authority”) to carry out in relation to that Park the functions conferred on such an authority by or under this Part.
in the case of any National Park for which there is an existing authority, or
in connection with the designation of any area as a new such Park,
An order under this section may provide, in relation to any National Park for which there is an existing authority—
for the existing authority to cease to have any functions in relation to that Park as from the time when a National Park authority becomes the local planning authority for that Park;
for such (if any) of the functions of the existing authority as, by virtue of this Part, are not as from that time to be functions of the National Park authority for that Park to become functions of the person on whom they would be conferred if the area in question were not in a National Park; and
for the winding up of the existing authority and for that authority to cease to exist, or to be dissolved, as from such time as may be specified in the order.
Subject to any order under subsection (4) below, where there is a variation of the area of a National Park for which there is or is to be a National Park authority, the Park for which that authority is or is to be the authority shall be deemed, as from the time when the variation takes effect, to be that area as varied.
Where provision is made for the variation of the area of a National Park for which there is or is to be a National Park authority, the Secretary of State may by order make such transitional provision as he thinks fit with respect to—
any functions which, in relation to any area that becomes part of the National Park, are by virtue of the variation to become functions of that authority; and
any functions which, in relation to any area that ceases to be part of the National Park, are by virtue of the variation to become functions of a person other than that authority.
Schedule 7 to this Act shall have effect with respect to National Park authorities.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
shall cease to be a National Park planning board, and
shall be constituted the National Park authority in relation to that National Park,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
paragraph 3A of Schedule 17 to the 1972 Act (special planning boards), or
section 2(1B) of the Town and Country Planning Act 1990 (joint planning boards),
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the requirements of paragraph 2(3) of Schedule 7 to this Act with respect to consultation with councils for principal areas shall, by virtue of the establishment of the National Park planning board, be deemed to have been complied with as respects any provision of the order;
in the case of any member of the National Park planning board immediately before the designated date who was holding that office by virtue of his appointment as such by the Secretary of State under and in accordance with paragraph 11 of Schedule 17 to the 1972 Act (which requires prior consultation), the appointment shall, on and after the designated date, have effect for the remainder of the period for which it was made as an appointment as a member of the National Park authority made by the Secretary of State in accordance with paragraph 4(1) of Schedule 7 to this Act;
in the case of any other member of the National Park planning board immediately before the designated date who is on that date a member of a principal council for an area which includes the whole or any part of the National Park in question, his appointment as a member of that board shall, on and after the designated date, have effect for the remainder of the period for which it was made as an appointment as a local authority member of the National Park authority made in accordance with paragraph 2 of that Schedule; and
any other requirement, whether statutory or otherwise, which must be complied with in connection with the establishment of a National Park authority shall be deemed to have been complied with by virtue of the establishment of the National Park planning board;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
shall be exercisable before (as well as on or after) 1st April 1996; and
are in addition to any other functions which are exercisable by such a board before that date by virtue of paragraph 13 of Schedule 17 to the Local Government (Wales) Act 1994.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
has taken any steps with a view to, or otherwise in connection with, the establishment of a National Park planning board for the area of an existing National Park in Wales (“the proposed board”), but
decides not to proceed with the establishment of the proposed board and to establish instead a National Park authority in relation to that National Park (“the proposed authority”), and
the proposed authority is, or is to be, established before 31st March 1997,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
any consultation with a principal council after 15th December 1994 by the Secretary of State as respects the proposed board (whether or not required by or under any enactment) shall be deemed, as respects the proposed authority, to have been carried out for the purposes of the consultation with councils for principal areas required by paragraph 2(3) of Schedule 7 to this Act;
anything done by or in relation to the Secretary of State for the purposes of the consultation required by paragraph 11 of Schedule 17 to the 1972 Act (appointment of members by Secretary of State) preparatory to the appointment of a person as a member of the proposed board shall be deemed, as respects the proposed authority, to have been done for the purposes of the consultation required by paragraph 4(1) of Schedule 7 to this Act preparatory to the appointment of that person as a member of that authority;
anything done by or in relation to the Secretary of State (other than the making by the Secretary of State of an instrument of a legislative character) for the purposes of, or otherwise in connection with, any other requirement, whether statutory or otherwise, of a consultative or procedural nature— shall be treated, as respects the proposed authority, as done for the purposes of, or otherwise in connection with, that other corresponding or reasonably similar requirement.
which relates to a National Park planning board, and
for which there is a corresponding or reasonably similar requirement which relates to a National Park authority,
Section 54 of the Local Government (Wales) Act 1994 (powers to make incidental, consequential, transitional or supplemental provision) shall have effect as if this Part were contained in that Act, except that subsection (2)(e) of that section shall have effect as if this Part were contained in an Act passed in the same Session as that Act.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This Part so far as it relates to the establishment and functions of National Park authorities shall have effect for the purposes specified in section 5(1) of the National Parks and Access to the Countryside Act 1949 (purposes of conserving and enhancing the natural beauty, wildlife and cultural heritage of National Parks and of promoting opportunities for the understanding and enjoyment of the special qualities of those Parks by the public).
Sections 37 and 38 of the Countryside Act 1968 (general duties as to the protection of interests of the countryside and the avoidance of pollution) shall apply to National Park authorities as they apply to local authorities.
The functions of a National Park authority in the period (if any) between the time when it is established and the time when it becomes the local planning authority for the relevant Park shall be confined to the taking of such steps as the authority, after consultation with the Secretary of State and any existing authority for that Park, considers appropriate for securing that it is able properly to carry out its functions after that time.
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The powers of a National Park authority shall include power to do anything which, in the opinion of that authority, is calculated to facilitate, or is conducive or incidental to—
the accomplishment of the purposes mentioned in subsection (1) above; or
the carrying out of any functions conferred on it by virtue of any other enactment. Paragraph (b) is subject to subsection (6A).
The powers conferred on a National Park authority by subsection (5) above shall not include either— but the things that may be done in exercise of those powers shall not be treated as excluding anything by reason only that it involves the expenditure, borrowing or lending of money or the acquisition or disposal of any property or rights.
power to do anything in contravention of any restriction imposed by virtue of this Part in relation to any express power of the authority; or
a power to raise money (whether by borrowing or otherwise) in a manner which is not authorised apart from that subsection;
Schedule 8 to this Act shall have effect with respect to the supplemental and incidental powers of a National Park authority.
Subsection (5)(b) does not apply in relation to a National Park authority for a National Park in England (see instead section 65A for general powers of such authorities).
Subject to subsection (2) below, every National Park authority shall, within three years after its operational date, prepare and publish a plan, to be known as a National Park Management Plan, which formulates its policy for the management of the relevant Park and for the carrying out of its functions in relation to that Park.
A National Park authority for a Park wholly or mainly comprising any area which, immediately before the authority’s operational date, was or was included in an area for which there was a National Park Plan prepared and published under paragraph 18 of Schedule 17 to the 1972 Act (National Park plans) shall not be required to prepare a Management Plan under subsection (1) above if, within six months of that date, it adopts the existing National Park Plan as its Management Plan and publishes notice that it has done so.
Where a National Park authority is proposing to adopt a plan under subsection (2) above, it may review the plan before adopting it and shall do so if the plan would have fallen to be reviewed under paragraph 18 of Schedule 17 to the 1972 Act in the period of twelve months beginning with the authority’s operational date.
A National Park authority shall review its National Park Management Plan within the period of five years of its operational date and, after the first review, at intervals of not more than five years.
Where a National Park authority has adopted a plan under subsection (2) above as its National Park Management Plan and has not reviewed that Plan before adopting it, the first review of that Plan under subsection (4) above shall take place no later than the time when the adopted plan would otherwise have fallen to be reviewed under paragraph 18 of Schedule 17 to the 1972 Act.
Where a National Park authority reviews any plan under this section, it shall—
determine on that review whether it would be expedient to amend the plan and what (if any) amendments would be appropriate;
make any amendments that it considers appropriate; and
publish a report on the review specifying any amendments made.
A National Park authority which is proposing to publish, adopt or review any plan under this section shall—
give notice of the proposal to every principal council and corporate joint committee whose area is wholly or partly comprised in the relevant Park and, according to whether that Park is in England or in Wales, to Natural England or to the Natural Resources Body for Wales;
send a copy of the plan, together (where appropriate) with any proposed amendments of the plan, to every body to which notice of the proposal is required to be given by paragraph (a) above; and
take into consideration any observations made by any such body.
A National Park authority shall send to the Secretary of State a copy of every plan, notice or report which it is required to publish under this section.
A National Park authority for a park in Wales which is proposing to publish, adopt or review any plan under this section must have regard to—
the state of natural resources report published under section 8 of the Environment (Wales) Act 2016, ...
any area statement published under section 11 of that Act for an area that includes all or part of the park , and
the sustainable land management report published under section 6 of the Agriculture (Wales) Act 2023
In this section “operational date”, in relation to a National Park authority, means the date on which the authority becomes the local planning authority for the relevant Park.
In this section “corporate joint committee” means a corporate joint committee to which Part 6 of the Planning and Compulsory Purchase Act 2004 applies by virtue of regulations under Part 5 of the Local Government and Elections (Wales) Act 2021.
An English National Park authority may do—
anything it considers appropriate for the purposes of the carrying out of any of its functions (its “functional purposes”),
anything it considers appropriate for purposes incidental (whether directly or indirectly) to its functional purposes,
anything it considers to be connected with—
any of its functions, or
anything it may do under paragraph (a) or (b), and
for a commercial purpose, anything which it may do under any of paragraphs (a) to (c) otherwise than for a commercial purpose.
Where subsection (1) confers power on an English National Park authority to do something, it confers power (subject to section 65B) to do it anywhere in the United Kingdom or elsewhere.
Power conferred on an English National Park authority by subsection (1) is in addition to, and is not limited by, the other powers of the authority.
In this section, and in sections 65B and 65C, “English National Park authority” means a National Park authority for a National Park in England.
After section 4 of the Town and Country Planning Act 1990 (National Parks) there shall be inserted—
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for applying Chapter I of Part II of that Act of 1990 (unitary development plans), instead of provisions of Chapter II of that Part (structure and local plans), in relation to the area of any National Park; or
for applying Chapter II of that Part in relation to the area of such a Park—
as if functions under that Chapter of a planning authority of any description were functions of such public authority as may be specified in the order (and not of the National Park authority); and
as if that Part had effect with such other modifications as may be so specified in relation to the carrying out of those functions by an authority so specified.
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Before section 148 of that Act of 1990 (interpretation of provisions relating to purchase notices) there shall be inserted—
Section 65A(1) does not enable an English National Park authority to do anything which it is unable to do by virtue of a pre-commencement limitation.
Section 65A(1) does not enable an English National Park authority to do anything which it is unable to do by virtue of a post-commencement limitation which is expressed to apply—
to its power under section 65A(1),
to all of its powers, or
to all of its powers but with exceptions that do not include its power under section 65A(1).
If exercise of a pre-commencement power of an English National Park authority is subject to restrictions, those restrictions apply also to exercise of the power conferred on it by section 65A(1) so far as that power is overlapped by the pre-commencement power.
Section 65A(1) does not authorise an English National Park authority to borrow money.
Section 65A(1)(a) to (c) do not authorise an English National Park authority to charge a person for anything it does otherwise than for a commercial purpose.
Section 65A(1)(d) does not authorise an English National Park authority to do things for a commercial purpose in relation to a person if a statutory provision requires the authority to do those things in relation to the person.
Where under section 65A(1)(d) an English National Park authority does things for a commercial purpose, it must do them through—
a company within the meaning given by section 1(1) of the Companies Act 2006, or
a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014.
In this section—
Where a National Park authority is the local planning authority for any National Park, section 184 of the 1972 Act and paragraph 37 of Schedule 17 to that Act (functions under certain legislation relating to the National Parks and the countryside) shall not apply as respects that Park in relation to any of the functions conferred by or under— on a planning authority of any description.
the National Parks and Access to the Countryside Act 1949 (“the 1949 Act”), or
the Countryside Act 1968 (“the 1968 Act”),
In consequence of subsection (1) above, but subject to subsections (3) to (7) below—
functions which are conferred on a local planning authority by or under the 1949 Act or the 1968 Act, and the functions conferred on a county planning authority (or, in relation to Wales, a local planning authority) by section 69 of the 1949 Act (suspension of access to avoid risk of fire), shall, as respects the whole or any part of a National Park for which a National Park authority is the local planning authority, be functions of that authority and not of any other authority;
references in those Acts to a local planning authority whose area consists of or includes the whole or any part of a National Park shall be construed, in relation to any National Park for which a National Park authority is the local planning authority, as references to the National Park authority; and
other references in those Acts to a local planning authority and the references to a local authority in section 103 of the 1949 Act and sections 10 and 43 to 45 of the 1968 Act (which contain provision applying in relation to local authorities in their capacity as local planning authorities) shall have effect accordingly.
Section 11 of the 1949 Act (which makes provision in relation to a local planning authority that corresponds to provision made by section 65 above in relation to a National Park authority) shall not apply in relation to any National Park authority.
The functions conferred by or under section 12 of the 1949 Act or section 12 of the 1968 Act (facilities for National Parks) which are exercisable by virtue of this section by a National Park authority in a National Park—
shall be exercisable by that authority outside the relevant Park on any land in the neighbourhood of that Park; but
shall be so exercisable only under arrangements made with the local planning authority for the area where they are exercised.
Sections 61 to 63 of the 1949 Act (survey of access requirements and action in response to the survey) shall have effect in accordance with subsection (2) above as respects the area of any National Park for which a National Park authority has become the local planning authority—
in the case of a Park designated after the commencement of this section, as if section 61(1) applied with the substitution for the reference to the commencement of that Act of a reference to the time when that authority became the local planning authority for that Park;
as if no area were required by virtue of subsection (3) of section 61 of that Act, or of any previous review under that section, to be excluded from any area to be reviewed by virtue of paragraph (a) above; and
in the case of a Park designated before the commencement of this section, as if— were a power or, as the case may be, functions of the National Park authority, and not of any other authority.
the power (if any) to make a resolution for the purposes of the proviso to that subsection (3) as respects any part of the area of the Park which has not previously been reviewed under that section, and
the functions which, where such a resolution has been so made, are conferred on the authority which made it or on any authority which has conducted a review in pursuance of the resolution,
The following functions, so far as exercisable by a National Park authority in relation to land or countryside in a National Park in England for which that authority is the local planning authority, that is to say— shall be exercisable in relation to so much of that Park as is comprised in a district for which there is a district council, concurrently with the National Park authority, by that district council.
those conferred by or under section 89 of the 1949 Act (planting of trees and treatment of derelict land), and
those conferred by section 10 of the 1968 Act (camping and picnic sites),
For the purposes of any enactment relating to the functions of a district planning authority, the functions of a district council by virtue of subsection (6) above shall be deemed to be conferred on them as a district planning authority and as if the district were the area for which they are such an authority.
The following powers, that is to say— so far as they are conferred in relation to any of the functions which by virtue of this section are functions of a National Park authority as respects the relevant Park, shall be exercisable by that authority and also, in the case of those conferred by or under section 41 of the 1968 Act, by a district council in relation to that council’s functions by virtue of subsection (6)(b) above, but not by any other authority.
those conferred on a local authority by or under section 92 of the 1949 Act (wardens), and
those conferred on a local authority by or under section 41 of the 1968 Act (byelaws),
Section 104 of the 1949 Act (general provisions as to appropriation and disposal of land), except subsection (11), shall have effect as if references in that section to a local authority included references to a National Park authority.
For the purposes of any functions conferred on a National Park authority by virtue of this section references in any enactment to the area of the authority shall be construed as references to the relevant Park.
The Secretary of State may by regulations make provision preventing an English National Park authority from doing under section 65A(1) anything which is specified, or is of a description specified, in the regulations.
The Secretary of State may by regulations provide for the exercise by English National Park authorities of the power conferred by section 65A(1) to be subject to conditions, whether generally or in relation to doing anything specified, or of a description specified, in the regulations.
Before making regulations under subsection (1) or (2) the Secretary of State must consult— as the Secretary of State considers appropriate.
such representatives of English National Park authorities, and
such other persons (if any),
Subsection (3) does not apply to regulations under subsection (1) or (2) which are made only for the purpose of amending earlier such regulations—
so as to extend the earlier regulations, or any provision of the earlier regulations, to English National Park authorities, or
so that the earlier regulations, or any provision of the earlier regulations, cease to apply English National Park authorities.
A National Park authority which is the local planning authority for any National Park, and not any other authority, shall have all the functions under the Wildlife and Countryside Act 1981 which are conferred as respects that Park on a planning authority of any description.
Accordingly—
a National Park authority shall be the relevant authority for the purposes of sections 39, 41 and 50 of that Act (management agreements and duties of agriculture Ministers in relation to the countryside) as respects any land in any National Park for which that authority is the local planning authority; and
section 52(2) of that Act (construction of references to a local planning authority) shall not apply as respects any National Park for which a National Park authority is the local planning authority.
Section 43 of that Act (maps of National Parks) shall have effect in accordance with the preceding provisions of this section—
in the case of a National Park designated after the commencement of this section, as if the relevant date for the purposes of that section were the date on which a National Park authority becomes the local planning authority for the Park; and
in any other case, as if the function of reviewing and revising any map of a part of the Park in question included a power, in pursuance of the review and revisions, to consolidate that map with other maps prepared under that section as respects other parts of that Park.
In section 44 of that Act (grants and loans for purposes of National Parks), after subsection (1) there shall be inserted the following subsection—
The power to make regulations under section 65C—
is exercisable by statutory instrument;
includes power to make different provision for different purposes;
includes power to make incidental, supplementary, consequential, transitional, transitory or saving provision;
may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under an Act passed before the Cities and Local Government Devolution Act 2016 or in the same Session as that Act.
A statutory instrument containing regulations under section 65C may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
Subsection (2) does not apply to a statutory instrument that contains regulations only of the following kind—
regulations under section 65C(1) that make provision for the purpose mentioned in section 65C(4)(b);
regulations under section 65C(2) that make provision for that purpose or for imposing conditions on the doing of things for a commercial purpose;
regulations made by virtue of subsection (1)(c) that do not contain provision amending or repealing a provision of an Act.
A statutory instrument to which subsection (2) does not apply is subject to annulment by resolution of either House of Parliament.
If a draft of regulations under section 65C would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.
In addition to its functions under the enactments mentioned in sections 67 to 69 above and to such of its functions under any other enactment as are conferred by virtue of its being a local planning authority within the meaning of the Town and Country Planning Act 1990, a National Park authority shall have the further miscellaneous functions conferred on it by virtue of Schedule 9 to this Act.
The Secretary of State may by regulations make provision—
requiring a National Park Management Plan for a park in England to contribute to the meeting of any target set under Chapter 1 of Part 1 of the Environment Act 2021;
setting out how such a Management Plan must contribute to the meeting of such targets;
setting out how such a Management Plan must further the purposes specified in section 5(1) of the National Parks and Access to the Countryside Act 1949.
The Secretary of State may by regulations make provision—
requiring a relevant authority other than a devolved Welsh authority to contribute to the preparation, implementation or review of a National Park Management Plan for a park in England;
setting out how such a relevant authority may or must do so.
In this section—
The power to make regulations under section 66A—
is exercisable by statutory instrument;
includes power to make different provision for different purposes or different areas;
includes power to make incidental, supplementary, consequential, transitional, transitory or saving provision.
A statutory instrument containing regulations under section 66A is subject to annulment in pursuance of a resolution of either House of Parliament.
A National Park authority shall have power in respect of every financial year beginning after the establishment of that authority to issue levies to the councils by whom the local authority members of that authority fall to be appointed.
Subject to the following provisions of this section, a levy issued by virtue of this section shall be issued in accordance with regulations under section 74 of the Local Government Finance Act 1988 (power to make regulations authorising a levying body to issue a levy); and, accordingly, a National Park authority shall be deemed to be a levying body within the meaning of that section.
Subject to any maximum specified in or determined in accordance with any regulations under that section 74, the amount of the levies issued by a National Park authority in respect of any financial year shall be equal to the sum by which the aggregate of the amounts specified in subsection (4) below is exceeded by the aggregate of the sums which it estimates it will require in respect of that year for the following purposes, that is to say—
meeting the expenditure of the authority which will fall to be charged for that year to any revenue account;
making such provision as may be appropriate for meeting contingencies the expenditure on which would fall to be so charged;
securing the availability to the authority of adequate working balances on its revenue accounts; and
providing the authority with the funds required for covering any deficit carried forward from a previous financial year in any revenue account.
The amounts mentioned in subsection (3) above in relation to any financial year are—
any amounts to be received by the authority in respect of that year by way of grant under section 72 below;
the authority’s estimate of the amounts which are likely for that year to be credited to any revenue account in respect of sums payable to the authority for things done in the course of, or in connection with, the carrying out of its functions; and
the authority’s estimate of the amounts not falling within paragraph (a) or (b) above which apart from this section are, or are likely to be, available to it for that year for the purposes mentioned in subsection (3) above.
Where agreement as to the apportionment of the amount to be raised by a National Park authority in respect of any financial year by way of levies is entered into, before 1st December in the immediately preceding financial year, by all the authorities to whom the levies in respect of that year may be issued by that authority, that amount shall be apportioned between those authorities in accordance with the agreement, instead of in accordance with any provision made by virtue of that section 74.
Regulations under that section 74 may include provision for requiring an authority to anticipate a levy by virtue of this section when making any calculations which fall, for the financial year following that in which any National Park authority is established, to be made (whether originally or by way of substitute) under section 31A or 42A (calculation of council tax requirement by authorities in England) or section 32 or 42 (calculation of budget requirement by authorities in Wales) of the Local Government Finance Act 1992.
A National Park authority shall not by virtue of this section be a local authority within the meaning of the Town and Country Planning Act 1990.
The Secretary of State may make grants to a National Park authority for such purposes, of such amounts and on such terms and conditions as he thinks fit.
Before determining the amount of any grant which he proposes to make to a National Park authority in Wales under this section, or the purpose for which it is to be made, the Secretary of State shall consult, according to whether the relevant Park is in England or in Wales, either Natural England or the Natural Resources Body for Wales.
The consent of the Treasury shall be required for the making of a grant under this section.
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No payment made for any year beginning on or after 1st April 1990 and ending on or before 31st March 1996 by the Secretary of State by way of grant to the council of a county or a metropolitan district in respect of the council’s expenditure or estimated expenditure in connection with National Parks shall be regarded as made otherwise than under and in accordance with the relevant enactments by reason only of—
the aggregate amount of such grants for the year to such councils not having been duly prescribed;
the method of determining the proportion of such aggregate amount payable to that council not having been duly prescribed; or
payment of the grant being, or having been, made—
otherwise than in accordance with an approved Rate Support Grant Report or such a Report as varied by an approved supplementary report for the year; or
without there being an approved Rate Support Grant Report for the year.
Any reference in this section to a payment by way of grant made under and in accordance with the relevant enactments is a reference to a payment of grant made under section 7 of the Local Government Act 1974 (supplementary grants towards expenditure with respect to National Parks) in accordance with the provisions of that section and those of section 60 or 61 of the Local Government, Planning and Land Act 1980 (rate support grant reports and supplementary reports) as they apply in relation to grants under the said section 7.
In this section—
This section applies to every power of the Secretary of State under the preceding provisions of this Part to make an order.
The powers to which this section applies shall, in each case, be exercisable by statutory instrument; and ... any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.
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for excluding a council from the councils by whom the local authority members of a National Park authority are to be appointed, or
for so increasing the number of local authority members of a National Park authority to be appointed by any council as to secure that the number of local authority members of that authority remains unchanged notwithstanding any such exclusion of a council, or
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The powers to which this section applies shall, in each case, include power to make such incidental, supplemental, consequential and transitional provision as the Secretary of State thinks necessary or expedient.
A power of the Secretary of State by an order under this Part to make incidental, supplemental, consequential or transitional provision shall include power for any incidental, supplemental, consequential or, as the case may be, transitional purpose— any enactment or any instrument made under any enactment.
to apply with or without modifications,
to extend, exclude or modify, or
to repeal or revoke with or without savings,
The provision that may be made for incidental, supplemental, consequential or transitional purposes in the case of any order under this Part which— shall include provision for the transfer of property, rights and liabilities from one person to another.
establishes a National Park authority or winds up the existing authority for any National Park, or
otherwise has the effect of transferring functions from one person to another or of providing for functions to become exercisable concurrently by two or more persons or to cease to be so exercisable,
A power of the Secretary of State under this Part to provide by order for the transfer of any property, rights or liabilities, or to make transitional provision in connection with any such transfer or with any order by which functions become or cease to be exercisable by any authority, shall include power to provide, in particular—
for the management and custody of any transferred property (whether real or personal);
for any liabilities transferred to include liabilities under any enactment;
for legal proceedings commenced by or against any person to be continued by or against a person to whom property, rights or liabilities are transferred or, as the case may be, any authority by whom any functions are to become exercisable;
for the transfer of staff, compensation for loss of office, pensions and other staffing matters; and
for treating any person to whom a transfer of property, rights or liabilities is made or, as the case may be, by whom any functions are to become exercisable as, for some or all purposes, the same person in law as the person from whom the transfer is made or the authority by whom the functions have previously been exercisable.
The powers to which this section applies shall, in each case, include power to make different provision for different cases, including different provision for different areas or localities and for different authorities.
The powers to which this section applies shall be without prejudice to any powers conferred by Part II of the Local Government Act 1992 Part 1 of the Local Government and Public Involvement in Health Act 2007 or any other enactment.
In this section “enactment” includes an enactment contained in an Act passed after this Act.
Any public authorities affected by an order under this Part may from time to time make agreements with respect to—
any property, income, rights, liabilities or expenses (so far as affected by the order) of the parties to the agreement; or
any financial relations between those parties.
Such an agreement may provide—
for the transfer or retention of any property, rights and liabilities, with or without conditions, and for the joint use of any property;
for the making of payments by any party to the agreement in respect of— and
property, rights and liabilities transferred or retained,
the joint use of any property, or
remuneration or compensation payable to any person;
for the making of any such payment either by way of a capital sum or of a terminable annuity.
In default of agreement as to any disputed matter, the matter shall be referred to the arbitration of a single arbitrator agreed on by the parties or, in default of agreement, appointed by the Secretary of State; and the award of the arbitrator may make any provision that might be contained in an agreement under this section.
In subsection (3) above “disputed matter” means any matter which—
might be the subject of provision contained in an agreement under this section; and
is the subject of such a dispute between two or more public authorities as is not resolved by or under provision contained in any order under this Part.
This Part shall have effect in relation to the Isles of Scilly subject to any such modifications as may be provided for by the Secretary of State by order made by statutory instrument.
Before making an order under this section the Secretary of State shall consult with the Council of the Isles of Scilly.
The power to make an order under this section shall include power to make such incidental, supplemental, consequential or transitional provision as the Secretary of State thinks necessary or expedient.
The enactments mentioned in Schedule 10 to this Act shall have effect subject to the amendments contained in that Schedule (being minor amendments and consequential amendments in connection with the provisions of this Part).
In this Part, except in so far as the context otherwise requires—
Where— the reference shall be construed (so far as it would not be so construed apart from this subsection) as including a reference to the other enactment as it is applied in relation to National Park authorities.
any enactment that is applied by virtue of this Part in relation to National Park authorities refers, or falls to be construed as referring, to any other enactment, and
that other enactment is also one which is so applied,
The Secretary of State shall as soon as possible prepare and publish a statement (in this Part referred to as “the strategy”) containing policies with respect to the assessment or management of the quality of air.
The strategy may also contain policies for ...— so far as relating to the quality of air.
securing that any assimilated obligation is met, or
the implementation of international agreements to which the United Kingdom is for the time being a party,
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a statement which relates to the whole of Great Britain; or
two or more statements which between them relate to every part of Great Britain.
The Secretary of State—
shall keep under review his policies with respect to the quality of air; and
may from time to time modify the strategy.
Without prejudice to the generality of what may be included in the strategy, the strategy must include statements with respect to—
standards relating to the quality of air;
objectives for the restriction of the levels at which particular substances are present in the air; and
measures which are to be taken by local authorities and other persons for the purpose of achieving those objectives.
The strategy must be reviewed, and if appropriate modified—
within the period of 12 months beginning with the day on which this subsection comes into force, and
within each period of 5 years beginning with the day on which the person carrying out the review completed their most recent review under this subsection.
In preparing the strategy or any modification of it, the Secretary of State shall consult—
the appropriate agency;
such bodies or persons appearing to him to be representative of the interests of local government as he may consider appropriate;
such bodies or persons appearing to him to be representative of the interests of industry as he may consider appropriate; and
such other bodies or persons as he may consider appropriate.
Before publishing the strategy or any modification of it, the Secretary of State—
shall publish a draft of the proposed strategy or modification, together with notice of a date before which, and an address at which, representations may be made to him concerning the draft so published; and
shall take into account any such representations which are duly made and not withdrawn.
The Welsh Ministers may by regulations amend this section for the purpose of changing the period within which they must review the strategy.
Subsections (6) and (7) do not apply in relation to the Welsh Ministers.
In reviewing the strategy, the Welsh Ministers must consult—
the Natural Resources Body for Wales;
every local authority in Wales;
every Local Health Board established under section 11 of the National Health Service (Wales) Act 2006;
every National Health Service trust established under section 18 of the National Health Service (Wales) Act 2006;
every public services board (within the meaning of Part 4 of the Well-being of Future Generations (Wales) Act 2015);
the Future Generations Commissioner for Wales;
Transport for Wales; and
the public.
In discharging its pollution control functions, each new Agency and the Natural Resources Body for Wales shall have regard to the strategy.
In this section “pollution control functions” ... means—
means in the case of the Agency or the Natural Resources Body for Wales, the functions conferred on it by or under the enactments specified in section 5(5) above (subject, in the case of the Body, to section 5(6) above) ; or
in the case of SEPA, the functions conferred on it by or under the enactments specified in section 33(5) above has the same meaning as in section 108(15) below in relation to SEPA.
As soon as reasonably practicable after the end of each financial year, beginning with the financial year in which this section comes into force, the Secretary of State must lay a statement before Parliament that sets out—
the Secretary of State’s assessment of the progress made in meeting air quality objectives, and air quality standards, in relation to England, and
the steps the Secretary of State has taken in that year in support of the meeting of those objectives and standards.
Every local authority , other than a local authority in Wales, shall from time to time cause a review to be conducted of the quality for the time being, and the likely future quality within the relevant period, of air within the authority’s area.
Where a local authority causes a review under subsection (1) or (1A) above to be conducted, it shall also cause an assessment to be made of whether air quality standards and objectives are being achieved, or are likely to be achieved within the relevant period, within the authority’s area.
Every local authority in Wales must, in each calendar year, cause a review to be conducted of the quality for the time being, and the likely future quality within the relevant period, of air within the authority’s area.
This subsection applies to a local authority where, on an assessment under subsection (2) above, it appears that any air quality standards or objectives are not being achieved, or are not likely within the relevant period to be achieved, within the local authority’s area...
Where subsection (3) applies to a local authority, it must identify any parts of its area in which it appears that air quality standards or objectives are not likely to be achieved within the relevant period.
Where subsection (3) applies to a local authority in England, it must also—
identify relevant sources of emissions that it considers are, or will be, responsible (in whole or in part) for any failure to achieve air quality standards or objectives in its area,
in the case of a relevant source within the area of a neighbouring authority, identify that authority, and
in the case of a relevant source within an area in relation to which a relevant public authority or the Agency has functions of a public nature, identify that person in relation to that source.
For the purposes of subsection (5), a source is “relevant” if—
it is within the area of the local authority,
it is within the area of a neighbouring authority in England, or
it is within an area in relation to which a relevant public authority or the Agency has functions of a public nature and the local authority considers that the exercise of those functions is relevant to the source of the emissions.
Where, as a result of an air quality review, it appears that any air quality standards or objectives are not being achieved, or are not likely within the relevant period to be achieved, within the area of a local authority, the local authority shall by order designate as an air quality management area (in this Part referred to as a “designated area”) any part of its area in which it appears that those standards or objectives are not being achieved, or are not likely to be achieved within the relevant period.
An order under this section may, as a result of a subsequent air quality review,—
be varied by a subsequent order; or
be revoked by such an order, if it appears on that subsequent air quality review that the air quality standards and objectives are being achieved, and are likely throughout the relevant period to be achieved, within the designated area.
The following persons must have regard to the strategy when exercising any function of a public nature that could affect the quality of air—
relevant public authorities;
local authorities in England;
county councils for areas in England for which there are district councils.
In this Part, “relevant public authority” means a person designated in accordance with subsection (3) as a relevant public authority in relation to an area in England.
The Secretary of State may by regulations designate a person as a relevant public authority in relation to an area in England if the person’s functions include functions of a public nature in relation to that area.
Before making regulations under subsection (3) the Secretary of State must consult—
the person that is proposed to be designated, and
such other persons as the Secretary of State considers appropriate.
The requirement in subsection (4) may be met by consultation carried out before this section comes into force.
For the purposes of subsections (2) and (3), reference to England includes the territorial sea adjacent to England, which for this purpose does not include—
any part of the territorial sea which is adjacent to Wales for the purposes of the Government of Wales Act 2006 (see section 158 of that Act), or
any part of the territorial sea which is adjacent to Scotland for the purposes of the Scotland Act 1998 (see section 126 of that Act).
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the quality for the time being, and the likely future quality within the relevant period, of air within the designated area to which the order relates; and
the respects (if any) in which it appears that air quality standards or objectives are not being achieved, or are not likely within the relevant period to be achieved, within that designated area.
Where an order under section 83 above comes into operation, the local authority which made the order shall prepare, in accordance with the following provisions of this Part, a written plan (in this Part referred to as an “action plan”) for the exercise by the authority, in pursuit of the achievement of air quality standards and objectives in the designated area, of any powers exercisable by the authority.
to prepare, before the expiration of the period of twelve months beginning with the coming into operation of the order mentioned in that subsection, a report of the results of that assessment; and
to prepare, in accordance with the following provisions of this Part, a written plan (in this Part referred to as an “action plan”) for the exercise by the authority, in pursuit of the achievement of air quality standards and objectives in the designated area, of any powers exercisable by the authority.
This section applies in relation to a local authority in Scotland ....
An action plan shall include a statement of the time or times by or within which the local authority in question proposes to implement each of the proposed measures comprised in the plan.
A local authority may from time to time revise an action plan.
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either of them may refer the matter to the Secretary of State;
on any such reference the Secretary of State may confirm the authority’s proposed action plan or revision of the action plan, with or without modifications (whether or not proposed by the county council) or reject it and, if he rejects it, he may also exercise any powers of his under section 85 below; and
the authority shall not finally determine the content of the action plan, or the revision of the action plan, except in accordance with his decision on the reference or in pursuance of directions under section 85 below.
The following persons must have regard to the policies published by the Welsh Ministers in the strategy when exercising any function of a public nature that could affect the quality of air in Wales—
local authorities in Wales;
relevant Welsh public authorities.
In this Part, “relevant Welsh public authority” means a person designated in accordance with subsection (3) as a relevant Welsh public authority.
The Welsh Ministers may by regulations designate a person as a relevant Welsh public authority if (and only if) that person is a “devolved Welsh authority” within the meaning of section 157A(1)(a) of the Government of Wales Act 2006.
Regulations under subsection (3) may not designate the Office of Environmental Governance Wales as a relevant Welsh public authority.
Before making regulations under subsection (3), the Welsh Ministers must consult—
the person that is proposed to be designated, and
such other persons as the Welsh Ministers consider appropriate.
In this section, “the appropriate authority” means—
in relation to local authorities in England and Wales other than local authorities in Greater London, the Secretary of State;
in relation to Scotland, SEPA acting with the approval of the Secretary of State.
in relation to local authorities in Greater London, the Mayor of London; and
The appropriate authority may conduct or make, or cause to be conducted or made,—
a review of the quality for the time being, and the likely future quality within the relevant period, of air within the area of any local authority;
an assessment of whether air quality standards and objectives are being achieved, or are likely to be achieved within the relevant period, within the area of a local authority;
an identification of any parts of the area of a local authority in which it appears that those standards or objectives are not likely to be achieved within the relevant period; or
an assessment of the respects (if any) in which it appears that air quality standards or objectives are not being achieved, or are not likely within the relevant period to be achieved, within the area of a local authority or within a designated area.
If it appears to the appropriate authority— the appropriate authority may give directions to the local authority requiring it to take such steps as may be specified in the directions.
that air quality standards or objectives are not being achieved, or are not likely within the relevant period to be achieved, within the area of a local authority,
that a local authority has failed to discharge any duty imposed on it under or by virtue of this Part,
that the actions, or proposed actions, of a local authority in purported compliance with the provisions of this Part are inappropriate in all the circumstances of the case, ...
that developments in science or technology, or material changes in circumstances, have rendered inappropriate the actions or proposed actions of a local authority in pursuance of this Part,
that a local authority in Wales has failed to carry out a measure specified in an action plan by the date specified in the plan in relation to that measure, or
that an air quality standard or objective has not been achieved, within a designated area in Wales, by the date specified in the action plan for the area as the date by which the standard or objective is expected to be achieved,
Without prejudice to the generality of subsection (3) above, directions under that subsection may, in particular, require a local authority—
to cause an air quality review to be conducted under section 82 above in accordance with the directions;
to cause an air quality review under section 82 above to be conducted afresh, whether in whole or in part, or to be so conducted with such differences as may be specified or described in the directions;
to make an order under section 83 above designating as an air quality management area an area specified in, or determined in accordance with, the directions;
to revoke, or modify in accordance with the directions, any order under that section;
to prepare in accordance with the directions an action plan for a designated area;
to modify, in accordance with the directions, any action plan prepared by the authority; or
to implement, in accordance with the directions, any measures in an action plan.
The Secretary of State shall also have power to give directions to local authorities , other than local authorities in Greater London, requiring them to take such steps specified in the directions as he considers appropriate ...— so far as relating to the quality of air.
for securing that any assimilated obligation is met, or
for the implementation of any international agreement to which the United Kingdom is for the time being a party,
The powers of the Mayor of London to give directions under this section to a local authority in Greater London may only be exercised after consultation with the local authority concerned.
Any direction given under this section shall be published in such manner as the body or person giving it considers appropriate for the purpose of bringing the matters to which it relates to the attention of persons likely to be affected by them; and—
copies of the direction shall be made available to the public; and
notice shall be given— of the giving of the direction and of where a copy of the direction may be obtained.
in the case of a direction given to a local authority in England and Wales, in the London Gazette, or
in the case of a direction given to a local authority in Scotland, in the Edinburgh Gazette,
In exercising any function under subsection (2), (3) or (4) above or (5A) below the Mayor of London shall have regard to any guidance issued by the Secretary of State to local authorities under section 88(1) below.
It is the duty of a local authority to comply with any direction given to it under or by virtue of this Part.
The Mayor of London shall also have the same power to give directions to local authorities in Greater London as the Secretary of State has under subsection (5) above in relation to other local authorities.
The Mayor of London shall send a copy of any direction he gives under this section to the Secretary of State.
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any reference to the county council is a reference to the council of that area; and
any reference to a district council is a reference to the council of a district comprised in that area.
A county council for an area in England for which there are district councils may make recommendations to any of those district councils with respect to the carrying out of— and the district council shall take into account any such recommendations.
any particular air quality review,
any particular assessment under section 82 or 84 above, or
the preparation of any particular action plan or revision of an action plan,
Where a county council has been given a notification by a district council under subsection (2A) it must, before the end of the relevant period, provide the district council with proposals for particular measures the county council will take to contribute to the achievement, and maintenance, of air quality standards and objectives in the area to which the plan relates.
Where a district council of a district in England for which there is a county council intends to prepare an action plan it must notify the county council that it intends to do so.
A county council that provides proposals under subsection (3) must—
in those proposals, specify a date for each particular measure by which it will be carried out, and
as far as is reasonably practicable, carry out those measures by those dates.
An action plan prepared by a district council of a district in England for which there is a county council must set out any proposals provided to it by the county council under subsection (3) (including the dates specified by the county council by virtue of subsection (4)(a)).
any proposals submitted pursuant to subsection (3) above; and
any time or times set out in the statement submitted pursuant to subsection (4) above.
If it appears to the Secretary of State— the Secretary of State may give directions to the county council requiring it to take such steps as may be specified in the directions.
that air quality standards or objectives are not being achieved, or are not likely within the relevant period to be achieved, within the area of a district council of a district in England for which there is a county council,
that the county council has failed to discharge any duty imposed on it under or by virtue of this Part,
that the actions, or proposed actions, of the county council in purported compliance with the provisions of this Part are inappropriate in all the circumstances of the case, or
that developments in science or technology, or material changes in circumstances, have rendered inappropriate the actions or proposed actions of the county council in pursuance of this Part,
Without prejudice to the generality of subsection (6) above, directions under that subsection may, in particular, require the county council—
to submit, in accordance with the directions, proposals pursuant to subsection (3) ... ;
to modify, in accordance with the directions, any proposals ... submitted by the county council pursuant to subsection (3) ... ;
to submit any proposals ... so modified to the district council in question pursuant to subsection (3) ... ; or
to implement, in accordance with the directions, any measures included in an action plan.
The Secretary of State shall also have power to give directions to county councils for areas for which there are district councils requiring them to take such steps specified in the directions as he considers appropriate ...— so far as relating to the quality of air.
for securing that any retained EU obligation is met, or
for the implementation of any international agreement to which the United Kingdom is for the time being a party,
Any direction given under this section shall be published in such manner as the Secretary of State considers appropriate for the purpose of bringing the matters to which it relates to the attention of persons likely to be affected by them; and—
copies of the direction shall be made available to the public; and
notice of the giving of the direction, and of where a copy of the direction may be obtained, shall be given in the London Gazette.
It is the duty of a county council for an area for which there are district councils to comply with any direction given to it under or by virtue of this Part.
Regulations may make provision—
for, or in connection with, implementing the strategy;
for, or in connection with ...— so far as relating to the quality of air; or
securing that any assimilated obligation is met, or
the implementation of any international agreements to which the United Kingdom is for the time being a party,
otherwise with respect to the assessment or management of the quality of air.
Without prejudice to the generality of subsection (1) above, regulations under that subsection may make provision—
prescribing standards relating to the quality of air;
prescribing objectives for the restriction of the levels at which particular substances are present in the air;
conferring powers or imposing duties on local authorities , relevant county councils, relevant public authorities , relevant Welsh public authorities or the Agency;
for or in connection with—
authorising local authorities (whether by agreements or otherwise) to exercise any functions of a Minister of the Crown on his behalf;
directing that functions of a Minister of the Crown shall be exercisable concurrently with local authorities; or
transferring functions of a Minister of the Crown to local authorities;
prohibiting or restricting, or for or in connection with prohibiting or restricting,— whether generally or in prescribed circumstances;
the carrying on of prescribed activities, or
the access of prescribed vehicles or mobile equipment to prescribed areas,
for or in connection with the designation of air quality management areas by orders made by local authorities in such cases or circumstances not falling within section 83 above as may be prescribed;
for the application, with or without modifications, of any provisions of this Part in relation to areas designated by virtue of paragraph (f) above or in relation to orders made by virtue of that paragraph;
with respect to—
air quality reviews;
assessments under this Part;
orders designating air quality management areas; or
action plans;
prescribing measures which are to be adopted by local authorities (whether in action plans or otherwise) , relevant county councils, relevant public authorities, relevant Welsh public authorities, the Agency or other persons in pursuance of the achievement of air quality standards or objectives;
for or in connection with the communication to the public of information relating to quality for the time being, or likely future quality, of the air;
for or in connection with the obtaining by local authorities , relevant county councils, relevant public authorities , relevant Welsh public authorities or the Agency from any person of information which is reasonably necessary for the discharge of functions conferred or imposed on them under or by virtue of this Part;
for or in connection with the recovery by a local authority , a relevant county council, a relevant public authority , a relevant Welsh public authority or the Agency from prescribed persons in prescribed circumstances, and in such manner as may be prescribed, of costs incurred by the authority , council or Agency in discharging functions conferred or imposed on the authority , council or Agency under or by virtue of this Part;
for a person who contravenes, or fails to comply with, any prescribed provision of the regulations to be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or such lower level on that scale as may be prescribed in relation to the offence;
for or in connection with arrangements under which a person may discharge any liability to conviction for a prescribed offence—
by payment of a penalty of a prescribed amount , or
by payment of a penalty of an amount that falls within a prescribed range, where the prescribed offence is a stationary idling offence prescribed by the Welsh Ministers and such a range is prescribed;
for or in connection with appeals against determinations or decisions made, notices given or served, or other things done under or by virtue of the regulations.
Without prejudice to the generality of paragraph (h) of subsection (2) above, the provision that may be made by virtue of that paragraph includes provision for or in connection with any of the following, that is to say—
the scope or form of a review or assessment;
the scope, content or form of an action plan;
the time at which, period within which, or manner in which a review or assessment is to be carried out or an action plan is to be prepared;
the methods to be employed—
in carrying out reviews or assessments; or
in monitoring the effectiveness of action plans;
the factors to be taken into account in preparing action plans;
the actions which must be taken by local authorities or other persons in consequence of reviews, assessments or action plans;
requirements for consultation;
the treatment of representations or objections duly made;
the publication of, or the making available to the public of, or of copies of,—
the results, or reports of the results, of reviews or assessments; or
orders or action plans;
requirements for— to be sent to the Secretary of State or to the appropriate agency.
copies of any such reports, orders or action plans, or
prescribed information, in such form as may be prescribed, relating to reviews or assessments,
In subsection (2) “relevant county council” means a county council for an area in England for which there are district councils.
In determining— the body or person making the determination shall be bound by any direction given by a Minister of the Crown or SEPA to the local authority to the same extent as the local authority.
any appeal against, or reference or review of, a decision of a local authority under or by virtue of regulations under this Part, or
any application transmitted from a local authority under or by virtue of any such regulations,
In subsection (2)(o)(ii), “stationary idling offence means an offence under section 42 of the Road Traffic Act 1988 that consists of a contravention of, or failure to comply with, so much of regulation 98 of the Road Vehicle (Construction and Use) Regulations 1986 (stopping of engine when stationary) as relates to the prevention of exhaust emissions.
The provisions of any regulations under this Part may include—
provision for anything that may be prescribed by the regulations to be determined under the regulations and for anything falling to be so determined to be determined by such persons, in accordance with such procedure and by reference to such matters, and to the opinion of such persons, as may be prescribed;
different provision for different cases, including different provision in relation to different persons, circumstances, areas or localities; and
such supplemental, consequential, incidental or transitional provision (including provision amending any enactment or any instrument made under any enactment) as the Secretary of State considers appropriate.
Nothing in regulations under this Part shall authorise any person other than a constable in uniform to stop a vehicle on any road.
Before making any regulations under this Part, the Secretary of State shall consult—
the appropriate agency;
such bodies or persons appearing to him to be representative of the interests of local government as he may consider appropriate;
such bodies or persons appearing to him to be representative of the interests of industry as he may consider appropriate; and
such other bodies or persons as he may consider appropriate.
Any power conferred by this Part to make regulations shall be exercisable by statutory instrument; and no statutory instrument containing regulations under this Part shall be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
If, apart from this subsection, the draft of an instrument containing regulations under this Part would be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument, it shall proceed in that House as if it were not such an instrument.
Subsection (7) does not apply in relation to the Welsh Ministers.
Before making any regulations under this Part, the Welsh Ministers must consult—
the Natural Resources Body for Wales;
every local authority in Wales;
the Public Health Wales National Health Service Trust;
every Local Health Board established under section 11 of the National Health Service (Wales) Act 2006; and
the public.
A statutory instrument containing regulations under section 80(8) may not be made unless a draft of the instrument has been laid before, and approved by resolution of, Senedd Cymru.
In subsection (5)(c) above, “enactment” includes an enactment comprised in an Act of the Scottish Parliament.
This section applies in relation to a local authority in England.
A local authority must, for the purpose of securing that air quality standards and objectives are achieved in an air quality management area designated by that authority, prepare an action plan in relation to that area.
An action plan is a written plan that sets out how the local authority will exercise its functions in order to secure that air quality standards and objectives are achieved in the area to which the plan relates.
An action plan must also set out how the local authority will exercise its functions to secure that air quality standards and objectives are maintained after they have been achieved in the area to which the plan relates.
An action plan must set out particular measures the local authority will take to secure the achievement, and maintenance, of air quality standards and objectives in the area to which the plan relates, and must in relation to each measure specify a date by which it will be carried out.
A local authority may revise an action plan at any time, and must revise an action plan if it considers that there is a need for further or different measures to be taken to secure that air quality standards and objectives are achieved or maintained in the area to which the plan relates.
Subsections (8) to (10) apply where a district council in an area for which there is a county council is preparing an action plan, or a revision of an action plan.
Where the county council disagrees with the contents of the proposed plan, or the proposed revision of a plan, a referral of the matter may be made to the Secretary of State by—
the county council;
the district council preparing the plan or revision.
The Secretary of State may, on a reference made under subsection (8), confirm (with or without modifications) or reject the proposed action plan, or revision of an action plan.
Where a reference has been made under subsection (8), the district council may not finally determine the proposed action plan or revision of an action plan, except in accordance with the decision of the Secretary of State on the reference or in pursuance of a direction made by the Secretary of State under section 85.
The Secretary of State may issue guidance to local authorities with respect to, or in connection with, the exercise of any of the powers conferred, or the discharge of any of the duties imposed, on those authorities by or under this Part.
A local authority, in carrying out any of its functions under or by virtue of this Part, shall have regard to any guidance issued by the Secretary of State under this Part.
This section Subsections (1) and (2) shall apply in relation to county councils for areas for which there are district councils , relevant public authorities and the Agency as it applies they apply in relation to local authorities.
The Welsh Ministers may issue guidance to relevant Welsh public authorities with respect to, or in connection with, the exercise of any of the powers conferred, or the discharge of any of the duties imposed, on those authorities by section 81B or regulations made by the Welsh Ministers under this Part.
A relevant Welsh public authority, in exercising those powers and discharging those duties, must have regard to any guidance issued under subsection (4).
This section applies in relation to a local authority in Wales.
A local authority must, for the purpose of securing that air quality standards and objectives are achieved in an air quality management area designated by the authority—
prepare an action plan in relation to that area, and
send a copy of the action plan to the Welsh Ministers for approval.
An action plan is a written plan that—
sets out how the local authority will exercise its functions to secure that air quality standards and objectives are achieved in the area to which the plan relates, and
in relation to each standard and objective, specifies a date by which the local authority will aim to achieve the standard or objective.
An action plan must also set out how the local authority will exercise its functions to secure that air quality standards and objectives are maintained after they have been achieved in the area to which the plan relates.
An action plan must—
set out particular measures the local authority will take to secure the achievement and maintenance of air quality standards and objectives in the area to which the plan relates, and
in relation to each measure, specify a date by which it will be carried out.
A local authority—
may prepare revisions to an action plan at any time, and
must prepare revisions to an action plan if it considers that there is a need for further or different measures to be taken to secure that air quality standards and objectives are achieved by the dates specified under subsection (3)(b), and are maintained, in the area to which the plan relates.
A local authority must send copies of revisions prepared under subsection (6) to the Welsh Ministers for approval.
An action plan, or a revision to an action plan, does not take effect unless the plan or revision is approved (with or without modifications) by the Welsh Ministers.
Subject to the provisions of any order under this section, this Part, other than section 80, shall not apply in relation to the Isles of Scilly.
The Secretary of State may, after consultation with the Council of the Isles of Scilly, by order provide for the application of any provisions of this Part (other than section 80) to the Isles of Scilly; and any such order may provide for the application of those provisions to those Isles with such modifications as may be specified in the order.
An order under this section may—
make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and
contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate, including provision saving provision repealed by or under any enactment.
The power of the Secretary of State to make an order under this section shall be exercisable by statutory instrument; and a statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Schedule 11 to this Act shall have effect.
In this Part—
Part III and sections 161 to 161D of the Water Resources Act 1991;
“subordinate legislation” has the same meaning as in the Interpretation Act 1978;
Any reference in this Part to it appearing that any air quality standards or objectives are not likely within the relevant period to be achieved includes a reference to it appearing that those standards or objectives are likely within that period not to be achieved.
For the purposes of this Part, an “air quality partner” of a local authority means a person identified by that authority in accordance with section 82(5)(b) or (c).
An air quality partner of a local authority must provide the authority with such assistance in connection with the carrying out of any of the authority’s functions under this Part as the authority requests.
An air quality partner may refuse a request under subsection (2) to the extent it considers the request unreasonable.
Where a local authority in England intends to prepare an action plan it must notify each of its air quality partners that it intends to do so.
Where an air quality partner of a local authority has been given a notification under subsection (1) it must, before the end of the relevant period, provide the authority with proposals for particular measures the partner will take to contribute to the achievement, and maintenance, of air quality standards and objectives in the area to which the plan relates.
An air quality partner that provides proposals under subsection (2) must—
in those proposals, specify a date for each particular measure by which it will be carried out, and
as far as is reasonably practicable, carry out those measures by those dates.
An action plan prepared by a local authority in England must set out any proposals provided to it by its air quality partners under subsection (2) (including the dates specified by those partners by virtue of subsection (3)(a)).
The Secretary of State may direct an air quality partner to make further proposals under subsection (2) by a date specified in the direction where the Secretary of State considers the proposals made by the partner under that subsection are insufficient or otherwise inappropriate.
A direction under subsection (5) may make provision about the extent to which the further proposals are to supplement or replace any other proposals made under subsection (2) by the air quality partner.
An air quality partner must comply with any direction given to it under this section.
Where a local authority in London intends to prepare an action plan it must notify the Mayor of London (referred to in this section as “the Mayor”).
Where the Mayor has been given a notification under subsection (1) by a local authority in London the Mayor must, before the end of the relevant period, provide the authority with proposals for particular measures the Mayor will take to contribute to the achievement, and maintenance, of air quality standards and objectives in the area to which the plan relates.
Where the Mayor provides proposals under subsection (2), the Mayor must—
in those proposals, specify a date for each particular measure by which it will be carried out, and
as far as is reasonably practicable, carry out those measures by those dates.
An action plan prepared by a local authority in London must set out any proposals provided to it by the Mayor under subsection (2) (including the dates specified by the Mayor by virtue of subsection (3)(a)).
Where a local authority in the area of a combined authority intends to prepare an action plan it must notify the combined authority.
Where a combined authority has been given a notification under subsection (1) by a local authority, the combined authority must, before the end of the relevant period, provide the local authority with proposals for particular measures the combined authority will take to contribute to the achievement, and maintenance, of air quality standards and objectives in the area to which the plan relates.
Where a combined authority provides proposals under subsection (2), the combined authority must—
in those proposals, specify a date for each particular measure by which it will be carried out, and
as far as is reasonably practicable, carry out those measures by those dates.
An action plan prepared by a local authority in the area of a combined authority must set out any proposals provided to it under subsection (2) (including the dates specified by virtue of subsection (3)(a)).
In this section “combined authority” has the meaning it has in Part 6 of the Local Democracy, Economic Development and Construction Act 2009 (see section 120 of that Act).
Where a local authority in the area of a combined county authority intends to prepare an action plan it must notify the combined county authority.
Where a combined county authority has been given a notification under subsection (1) by a local authority, the combined county authority must, before the end of the relevant period, provide the local authority with proposals for particular measures the combined county authority will take to contribute to the achievement, and maintenance, of air quality standards and objectives in the area to which the plan relates.
Where a combined county authority provides proposals under subsection (2), the combined county authority must—
in those proposals, specify a date for each particular measure by which it will be carried out, and
as far as is reasonably practicable, carry out those measures by those dates.
An action plan prepared by a local authority in the area of a combined county authority must set out any proposals provided to it under subsection (2) (including the dates specified by virtue of subsection (3)(a)).
In this section “combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.
Before section 45 of the Environmental Protection Act 1990 there shall be inserted—
After Schedule 2 to that Act there shall be inserted the Schedule set out in Schedule 12 to this Act.
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For the purpose of promoting or securing an increase in the re-use, recovery or recycling of products or materials, the Secretary of State may by regulations make provision for imposing producer responsibility obligations on such persons, and in respect of such products or materials, as may be prescribed.
The power of the Secretary of State to make regulations shall be exercisable only after consultation with bodies or persons appearing to him to be representative of bodies or persons whose interests are, or are likely to be, substantially affected by the regulations which he proposes to make.
Except in the case of regulations for the implementation of— the power to make regulations shall be exercisable only where the Secretary of State, after such consultation as is required by subsection (2) above, is satisfied as to the matters specified in subsection (6) below.
any obligations of the United Kingdom under the Community Treaties, or
any international agreement to which the United Kingdom is for the time being a party,
The powers conferred by subsection (1) above shall also be exercisable, in a case falling within paragraph (a) or (b) of subsection (3) above, for the purpose of sustaining at least a minimum level of (rather than promoting or securing an increase in) re-use, recovery or recycling of products or materials.
In making regulations by virtue of paragraph (a) or (b) of subsection (3) above, the Secretary of State shall have regard to the matters specified in subsection (6) below; and in its application in relation to the power conferred by virtue of subsection (4) above, subsection (6) below shall have effect as if— and any reference in this section or section 94 below to securing or achieving any such benefits shall accordingly include a reference to sustaining at least a minimum level of any such existing benefits.
any reference to an increase in the re-use, recovery or recycling of products or materials were a reference to the sustaining of at least a minimum level of re-use, recovery or recycling of the products or materials in question, and
any reference to the production of environmental or economic benefits included a reference to the sustaining of at least a minimum level of any such existing benefits,
The matters mentioned in subsections (3) and (5) above are— but nothing in sub-paragraph (i) of paragraph (e) above shall be taken to prevent regulations imposing a producer responsibility obligation on any class or description of person to the exclusion of any others.
that the proposed exercise of the power would be likely to result in an increase in the re-use, recovery or recycling of the products or materials in question;
that any such increase would produce environmental or economic benefits;
that those benefits are significant as against the likely costs resulting from the imposition of the proposed producer responsibility obligation;
that the burdens imposed on businesses by the regulations are the minimum necessary to secure those benefits; and
that those burdens are imposed on persons most able to make a contribution to the achievement of the relevant targets—
having regard to the desirability of acting fairly between persons who manufacture, process, distribute or supply products or materials; and
taking account of the need to ensure that the proposed producer responsibility obligation is so framed as to be effective in achieving the purposes for which it is to be imposed;
The Secretary of State shall have a duty to exercise the power to make regulations in the manner which he considers best calculated to secure that the exercise does not have the effect of restricting, distorting or preventing competition or, if it is likely to have any such effect, that the effect is no greater than is necessary for achieving the environmental or economic benefits mentioned in subsection (6) above.
In this section— and regulations may prescribe, in relation to prescribed products or materials, activities, or the activities, which are to be regarded for the purposes of this section and sections 94 and 95 below or any regulations as re-use, recovery or recycling of those products or materials.
“mobile plant” means plant which is designed to move or to be moved whether on roads or otherwise;
The power to make regulations shall be exercisable by statutory instrument.
Subject to the following provisions of this section, a statutory instrument containing regulations shall not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
Subsection (10) above shall not apply to a statutory instrument by reason only that it contains regulations varying any relevant targets.
A statutory instrument which, by virtue of subsection (11) above, is not subject to any requirement that a draft of the instrument be laid before and approved by a resolution of each House of Parliament shall be subject to annulment in pursuance of a resolution of either House of Parliament.
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Without prejudice to the generality of section 93 above, regulations may, in particular, make provision for or with respect to—
the classes or descriptions of person to whom the producer responsibility obligation imposed by the regulations applies;
the classes or descriptions of products or materials in respect of which the obligation applies;
the targets which are to be achieved with respect to the proportion (whether by weight, volume or otherwise) of the products or materials in question which are to be re-used, recovered or recycled, whether generally or in any prescribed way;
particulars of the obligation imposed by the regulations;
the registration of persons who are subject to a producer responsibility obligation and who are not members of registered exemption schemes, the imposition of requirements in connection with such registration, the variation of such requirements, the making of applications for such registration, the period for which any such registration is to remain in force and the cancellation of any such registration;
the approval, or withdrawal of approval, of exemption schemes by the Secretary of State;
the imposition of requirements on persons who are not members of registered exemption schemes to furnish certificates of compliance to the appropriate Agency;
the approval of persons by the appropriate Agency for the purpose of issuing certificates of compliance;
the registration of exemption schemes, the imposition of conditions in connection with such registration, the variation of such conditions, the making of applications for such registration and the period for which any such registration is to remain in force;
the requirements which must be fulfilled, and the criteria which must be met, before an exemption scheme may be registered;
the powers of the appropriate Agency in relation to applications received by it for registration of exemption schemes;
the cancellation of the registration of an exemption scheme;
competition scrutiny of registered exemption schemes or of exemption schemes in whose case applications for registration have been received by the appropriate Agency;
the exclusion or modification of any provision of the Restrictive Trade Practices Acts 1976 and 1977 in relation to exemption schemes or in relation to agreements where at least one of the parties is an operator of an exemption scheme;
the fees, or the method of determining the fees, which are to be paid to the appropriate Agency—
in respect of the approval of persons for the purpose of issuing certificates of compliance;
on the making of an application for registration of an exemption scheme;
in respect of the subsistence of the registration of that scheme;
on submission to the appropriate Agency of a certificate of compliance;
on the making of an application for, or for the renewal of, registration of a person required to register under the regulations;
in respect of the renewal of the registration of that person;
appeals against the refusal of registration, the imposition of conditions in connection with registration, or the cancellation of the registration, of any exemption scheme;
the procedure on any such appeal;
cases, or classes of case,— pending the determination or withdrawal of an appeal, and otherwise with respect to the position of persons and exemption schemes pending such determination or withdrawal;
in which an exemption scheme is, or is not, to be treated as registered, or
in which a person is, or is not, to be treated as a member of a registered exemption scheme,
the imposition on the appropriate Agency of a duty to monitor compliance with any of the obligations imposed by the regulations;
the imposition on prescribed persons of duties to maintain records, and furnish to the Secretary of State or to the appropriate Agency returns, in such form as may be prescribed of such information as may be prescribed for any purposes of, or for any purposes connected with, or related to, sections 93 to 95 of this Act or any regulations;
the imposition on the appropriate Agency of a duty to maintain, and make available for inspection by the public, a register containing prescribed information relating to registered exemption schemes or persons required to register under the regulations;
the powers of entry and inspection which are exercisable by a new Agency for the purposes of its functions under the regulations;
the conferring on prescribed persons of power to require, for the purposes of or otherwise in connection with competition scrutiny, the provision by any person of any information which he has, or which he may at any future time acquire, relating to any exemption scheme or to any acts or omissions of an operator of such a scheme or of any person dealing with such an operator.
If it appears to the Secretary of State— he may direct that operator not to take or, as the case may be, to take the action in question.
that any action proposed to be taken by the operator of a registered exemption scheme would be incompatible with—
any obligations of the United Kingdom under the Community Treaties, or
any international agreement to which the United Kingdom is for the time being a party, or
that any action which the operator of such a scheme has power to take is required for the purpose of implementing any such obligations or agreement,
Regulations may make provision as to which of the new Agencies is the appropriate Agency for the purposes of any function conferred or imposed by or under this section or section 93 above, or for the purposes of the exercise of that function in relation to the whole or a prescribed part of Great Britain, and may make provision for things done or omitted to be done by either new Agency in relation to any part of Great Britain to be treated for prescribed purposes as done or omitted to be done by the other of them in relation to some other part of Great Britain.
Persons issuing certificates of compliance shall act in accordance with guidance issued for the purpose by the appropriate Agency, which may include guidance as to matters which are, or are not, to be treated as evidence of compliance or as evidence of non-compliance.
In making any provision in relation to fees, regard shall be had to the desirability of securing that the fees received by each new Agency under the regulations are sufficient to meet the costs and expenses incurred by that Agency in the performance of its functions under the regulations.
In this section— and expressions used in this section and in section 93 above have the same meaning in this section as they have in that section.
Regulations—
may make different provision for different cases;
without prejudice to the generality of paragraph (a) above, may impose different producer responsibility obligations in respect of different classes or descriptions of products or materials and for different classes or descriptions of person or exemption scheme;
may include incidental, consequential, supplemental or transitional provision.
Any direction under this section—
may include such incidental, consequential, supplemental or transitional provision as the Secretary of State considers necessary or expedient; and
shall, on the application of the Secretary of State, be enforceable by injunction or, in Scotland, by interdict or by an order for specific performance under section 45 of the Court of Session Act 1988.
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Regulations may make provision for a person who contravenes a prescribed requirement of the regulations to be guilty of an offence and liable—
on summary conviction, to a fine not exceeding the statutory maximum;
on conviction on indictment, to a fine.
Where an offence under any provision of the regulations committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Where the affairs of a body corporate are managed by its members, subsection (2) above shall apply in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.
Where the commission by any person of an offence under the regulations is due to the act or default of some other person, that other person may be charged with and convicted of the offence by virtue of this section whether or not proceedings for the offence are taken against the first-mentioned person.
Expressions used in this section and in section 93 or 94 above have the same meaning in this section as they have in that section.
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Schedules 13 and 14 to this Act shall have effect.
This section, those Schedules as they apply to England and Wales, and the 1990 Act shall have effect as if this section and those Schedules (as so applying) were included in Part III of that Act.
This section, those Schedules as they apply to Scotland, and the 1972 Act shall have effect as if this section and those Schedules (as so applying) were included in Part III of that Act.
Section 105 of the 1990 Act and section 251A of the 1972 Act shall cease to have effect.
Without prejudice to the generality of sections 59 to 61 of the 1990 Act or, as the case may be, section 21 of the 1972 Act, a development order may make, in relation to any planning permission which is granted by a development order for minerals development, provision similar to any provision made by Schedule 13 or 14 to this Act.
In this section and those Schedules—
The appropriate Ministers may by regulations make provision for, or in connection with, the protection of important hedgerows in England or Wales.
The question whether a hedgerow is or is not “important” for the purposes of this section shall be determined in accordance with prescribed criteria.
For the purpose of facilitating the protection of important hedgerows, regulations under subsection (1) above may also make provision in relation to other hedgerows in England or Wales.
Without prejudice to the generality of subsections (1) to (3) above, regulations under subsection (1) above may provide for the application (with or without modifications) of, or include provision comparable to, any provision contained in the planning Acts and may, in particular, make provision—
prohibiting, or for prohibiting, the removal of, or the carrying out of prescribed acts in relation to, a hedgerow except in prescribed cases;
for or with respect to appeals against determinations or decisions made, or notices given or served, under or by virtue of the regulations, including provision authorising or requiring any body or person to whom an appeal lies to consult prescribed persons with respect to the appeal in prescribed cases;
for a person who contravenes, or fails to comply with, any prescribed provision of the regulations to be guilty of an offence;
for a person guilty of an offence by virtue of paragraph (c) above which consists of the removal, in contravention of the regulations, of a hedgerow of a description prescribed for the purposes of this paragraph to be liable—
on summary conviction, to a fine not exceeding the statutory maximum, or
on conviction on indictment, to a fine;
for a person guilty of any other offence by virtue of paragraph (c) above to be liable on summary conviction to a fine not exceeding such level on the standard scale as may be prescribed.
Regulations under this section may make different provision for different cases, including different provision in relation to different descriptions of hedgerow, different descriptions of person, different areas or localities or different circumstances.
Before making any regulations under this section the appropriate Ministers shall consult— as the appropriate Ministers may consider appropriate.
such bodies appearing to them to be representative of persons whose business interests are likely to be affected by the proposed regulations,
such bodies appearing to them to be representative of the interests of owners or occupiers of land,
such bodies appearing to them to be representative of the interests of local authorities,
such bodies whose statutory functions include the provision to Ministers of the Crown of advice concerning matters relating to environmental conservation, and
such bodies not falling within paragraphs (a) to (d) above,
No statutory instrument containing regulations under this section shall be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
Subsection (6)(d) does not apply to regulations which apply only in relation to England.
In this section—
any unitary authority,
Any reference in this section to removing, or carrying out an act in relation to, a hedgerow includes a reference to causing or permitting another to remove, or (as the case may be) carry out an act in relation to, a hedgerow.
The appropriate Minister, with the consent of the Treasury as respects England and Wales, may by regulations make provision for and in connection with the making of grants to persons who do, or who undertake to that Minister that they will do, anything which in the opinion of that Minister is conducive to—
the conservation or enhancement of the natural beauty or amenity of the countryside (including its flora and fauna and geological and physiographical features) or of any features of archaeological interest there; or
the promotion of the enjoyment of the countryside by the public.
Regulations under this section may—
make different provision for different cases or classes of case or for different areas;
provide for grants to be made subject to conditions;
confer power on the appropriate Minister to modify, in any particular case, the conditions to which a grant would otherwise be subject, if he is satisfied that the making of that grant, subject to the conditions as so modified, is consistent with the purposes for which the regulations are made;
make provision for or in connection with the recovery of any sums paid by way of grant, or the withholding of any further payments of grant, in cases where the applicant for the grant—
in making the application, or in furnishing any information in connection with the application, has made a statement which was false or misleading in a material respect;
has failed to do something which he undertook to do if the grant was made; or
is in breach of any condition subject to which the grant was made.
The power to make regulations under this section shall be exercisable by statutory instrument; and a statutory instrument containing any such regulations shall be subject to annulment pursuant to a resolution of either House of Parliament.
The powers conferred by this section are in addition to any other powers of the Secretary of State or the Minister of Agriculture, Fisheries and Food.
In this section “the appropriate Minister” means—
as respects England, the Minister of Agriculture, Fisheries and Food;
as respects Wales, the Secretary of State;
as respects Scotland, the Secretary of State.
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The Minister shall consult the bodies and persons specified in subsection (2) below before—
making any legislation to which this section applies (other than a modification of any such legislation);
modifying any such legislation in a way which changes the purpose of the legislation in question; or
modifying any such legislation in a way which modifies, in a respect which he considers material, any conditions subject to which grants or other payments are payable under that legislation.
The bodies and persons mentioned in subsection (1) above are—
the Secretary of State;
the Countryside Commission;
the Nature Conservancy Council for England;
the Historic Buildings and Monuments Commission for England.
The legislation to which this section applies is—
any order under section 18 of the Agriculture Act 1986 (orders establishing environmentally sensitive areas);
any regulations under section 98 above;
any statutory instrument specified in subsection (4) below;
any other statutory instrument which concerns the management of land and whose primary purpose is the promotion of—
the conservation or enhancement of the natural beauty or amenity of the countryside (including its flora and fauna and geological and physiographical features) or of any features of archaeological interest there; or
the enjoyment of the countryside by the public.
The statutory instruments mentioned in subsection (3)(c) above are—
the Farm Woodlands Premium Scheme 1992;
the Habitat (Water Fringe) Regulations 1994;
the Habitat (Former Set-Aside Land) Regulations 1994;
the Habitat (Salt Marsh) Regulations 1994;
the Organic Farming (Aid) Regulations 1994;
the Nitrate Sensitive Areas Regulations 1994;
the Countryside Access Regulations 1994;
the Moorland (Livestock Extensification) Regulations 1995.
In this section, “the Minister” means the Minister of Agriculture, Fisheries and Food.
This section applies in relation to any legislation only so far as relating to land in England.
In the definition of “drainage” in section 113(1) of the Water Resources Act 1991, after paragraph (c) there shall be added the wordsand .
For the definition of “drainage” in section 72(1) of the Land Drainage Act 1991 there shall be substituted—.
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In section 59 of the Land Drainage Act 1991 (grants to drainage bodies) in subsection (4), after the words “expenditure properly incurred by them with a view to” there shall be inserted “ (a) ” and at the end of that subsection there shall be added—
The Sea Fisheries Regulation Act 1966 shall be amended in accordance with the following provisions of this section.
In section 2 (constitution of local fisheries committees) in subsection (2) (which includes provision for the members appointed by the Minister to be persons acquainted with the needs and opinions of the fishing interests of that district) after the words “of that district” there shall be added the words “ or as being persons having knowledge of, or expertise in, marine environmental matters ”.
After that subsection there shall be inserted—
At the end of that section there shall be added—
After section 5 (byelaws for regulation etc of sea fisheries) there shall be inserted—
In section 8 (power of Minister to revoke byelaws if it appears necessary or desirable for the maintenance or improvement of fisheries) after the words “maintenance or improvement of fisheries” there shall be inserted the words “ or for marine environmental purposes, within the meaning of section 5A above, ”.
After section 5 of the Sea Fish (Conservation) Act 1967 (power to restrict fishing for sea fish) there shall be inserted—
After section 2 of the Inshore Fishing (Scotland) Act 1984 there shall be inserted—
In Schedule 25 to the Water Resources Act 1991 (byelaw making powers) after paragraph 6 (byelaws for purposes of fisheries functions) there shall be inserted—
After section 37 of the Salmon and Freshwater Fisheries Act 1975 there shall be inserted—
In section 35 of that Act (which, among other things, creates an offence of failing to state one’s name and address when required to do so under that section) in subsection (1) (water bailiffs and constables), for the words from “A water bailiff” to “any constable” there shall be substituted the words “ A water bailiff or other officer of the Agency, or any constable, ”.
After that subsection there shall be inserted—
“the Agency” means the Environment Agency;
Schedule 15 to this Act (which makes minor and consequential amendments relating to fisheries) shall have effect.
Schedule 16 to this Act (which amends the Control of Pollution Act 1974 as respects the control of pollution of rivers and coastal waters in Scotland) shall have effect.
Schedule 17 to this Act (which makes provision with respect to statutory nuisances in Scotland) shall have effect.
A person who appears suitable to an enforcing authority may be authorised in writing by that authority to exercise, in accordance with the terms of the authorisation, any of the powers specified in subsection (4) below for the purpose—
of determining whether any provision of the pollution control enactments or flood risk activity enactments in the case of that authority is being, or has been, complied with;
of exercising or performing one or more of the pollution control functions or flood risk activity functions of that authority;
of determining whether and, if so, how such a function should be exercised or performed.
A person who appears suitable to the Agency , the Natural Resources Body for Wales or SEPA may be authorised in writing by the Agency , the Natural Resources Body for Wales or, as the case may be, SEPA to exercise, in accordance with the terms of the authorisation, any of the powers specified in subsection (4) below for the purpose of enabling the Agency , the Natural Resources Body for Wales or, as the case may be, SEPA to carry out any assessment or prepare any report which the Agency , the Natural Resources Body for Wales or, as the case may be, SEPA is required to carry out or prepare under section 5(3) or 33(3) above.
Subsection (2) above only applies where the Minister who required the assessment to be carried out, or the report to be prepared, has, whether at the time of making the requirement or at any later time, notified the Agency , the Natural Resources Body for Wales or, as the case may be, SEPA that the assessment or report appears to him to relate to an incident or possible incident involving or having the potential to involve—
serious pollution of the environment,
serious harm to human health, or
danger to life or health.
The powers which a person may be authorised to exercise under subsection (1) or (2) above are—
to enter at any reasonable time (or, in an emergency, at any time and, if need be, by force) any premises which he has reason to believe it is necessary for him to enter;
on entering any premises by virtue of paragraph (a) above, to take with him—
any other person duly authorised by the enforcing authority and, if the authorised person has reasonable cause to apprehend any serious obstruction in the execution of his duty, a constable; and
any equipment or materials required for any purpose for which the power of entry is being exercised;
to make such examination and investigation as may in any circumstances be necessary;
as regards any premises which he has power to enter, to direct that those premises or any part of them, or anything in them, shall be left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purpose of any examination or investigation under paragraph (c) above;
to take such measurements and photographs and make such recordings as he considers necessary for the purpose of any examination or investigation under paragraph (c) above;
to take samples, or cause samples to be taken, of any articles or substances found in or on any premises which he has power to enter, and of the air, water or land in, on, or in the vicinity of, the premises;
in the case of any article or substance found in or on any premises which the person has power to enter, being an article or substance which appears to that person to have caused or to be likely to cause— to cause it to be dismantled or subjected to any process or test (but not so as to damage or destroy it, unless that is necessary);
pollution of the environment,
harm to the environment,
flooding,
harm to human health, or
a detrimental impact on drainage,
in the case of any such article or substance as is mentioned in paragraph (g) above, to take possession of it and detain it for so long as is necessary for all or any of the following purposes, namely—
to examine it, or cause it to be examined, and to do, or cause to be done, to it anything which he has power to do under that paragraph;
to ensure that it is not tampered with before examination of it is completed;
to ensure that it is available for use as evidence in any proceedings for an offence under the pollution control enactments or flood risk activity enactments in the case of the enforcing authority under whose authorisation he acts or in any other proceedings relating to a variation notice, enforcement notice or prohibition notice under those enactments;
to require any person whom he has reasonable cause to believe to be able to give any information relevant to any examination or investigation under paragraph (c) above to answer (in the absence of persons other than a person nominated by that person to be present and any persons whom the authorised person may allow to be present) such questions as the authorised person thinks fit to ask and to sign a declaration of the truth of his answers.
to require the production of, or where the information is recorded in computerised form, the furnishing of extracts from, any records— and to inspect and take copies of, or of any entry in, the records;
which are required to be kept under the pollution control enactments or flood risk activity enactments for the enforcing authority under whose authorisation he acts, or
which it is necessary for him to see for the purposes of an examination or investigation under paragraph (c) above,
to require any person to afford him such facilities and assistance with respect to any matters or things within that person’s control or in relation to which that person has responsibilities as are necessary to enable the authorised person to exercise any of the powers conferred on him by this section;
as regards any premises which an English or Welsh authorised person has power to enter by virtue of paragraph (a), for the purposes of an examination or investigation under paragraph (c)—
to search the premises;
to seize and remove documents or anything else found on the premises (other than an article or substance within paragraph (g));
to require any information which is stored in electronic form and is accessible from the premises to be produced in a form in which it can be removed and—
in which it is visible and legible, or
from which it can readily be produced in a visible and legible form;
to operate any equipment found on the premises for the purposes of producing such information in such a form;
any other power for— which is conferred by regulations made by the Secretary of State.
a purpose falling within any paragraph of subsection (1) above, or
any such purpose as is mentioned in subsection (2) above,
The powers which by virtue of subsections (1) and (4) above are conferred in relation to any premises for the purpose of enabling an enforcing authority to determine whether any provision of the pollution control enactments or flood risk activity enactments in the case of that authority is being, or has been, complied with shall include power, in order to obtain the information on which that determination may be made,—
to carry out experimental borings or other works on those premises; and
to install, keep or maintain monitoring and other apparatus there.
Except in an emergency, in any case where it is proposed to enter any premises used for residential purposes, or to take heavy equipment on to any premises which are to be entered, any entry by virtue of this section shall only be effected—
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either—
with the consent of a person who is in occupation of those premises; or
under the authority of a warrant by virtue of Schedule 18 to this Act.
Except in an emergency, where an authorised person proposes to enter any premises and— any entry on to those premises by virtue of this section shall only be effected under the authority of a warrant by virtue of Schedule 18 to this Act.
entry has been refused and he apprehends on reasonable grounds that the use of force may be necessary to effect entry, or
he apprehends on reasonable grounds that entry is likely to be refused and that the use of force may be necessary to effect entry,
In relation to any premises belonging to or used for the purposes of the United Kingdom Atomic Energy Authority, subsections (1) to (4) above shall have effect subject to section 6(3) of the Atomic Energy Authority Act 1954 (which restricts entry to such premises where they are prohibited places within the meaning of Part 1 of the National Security Act 2023).
An English or Welsh authorised person may not exercise the powers in subsection (4)(ka) without— This is subject to subsections (7B) and (7C).
the consent of a person entitled to grant access to material on or accessible from the premises, or
the authority of a warrant by virtue of Schedule 18 to this Act.
The Secretary of State may by regulations make provision as to the procedure to be followed in connection with the taking of, and the dealing with, samples under subsection (4)(f) above.
An English or Welsh authorised person may exercise a power in subsection (4)(ka)(ii) to (ka)(iv) in relation to a thing without consent or the authority of a warrant if the person has reasonable grounds for believing that—
it is evidence of a failure to comply with any provision of the pollution control enactments or flood risk activity enactments, and
exercising the power is necessary to prevent it being concealed, lost, altered or destroyed.
Where an authorised person proposes to exercise the power conferred by subsection (4)(g) above in the case of an article or substance found on any premises, he shall, if so requested by a person who at the time is present on and has responsibilities in relation to those premises, cause anything which is to be done by virtue of that power to be done in the presence of that person.
Subsection (7A) does not require consent or the authority of a warrant for doing something within the powers in subsection (4)(ka) if, and so far as, it may be done without them in exercise of another power conferred by subsection (4).
Before exercising the power conferred by subsection (4)(g) above in the case of any article or substance, an authorised person shall consult— as appear to him appropriate for the purpose of ascertaining what dangers, if any, there may be in doing anything which he proposes to do or cause to be done under the power.
such persons having duties on the premises where the article or substance is to be dismantled or subjected to the process or test, and
such other persons,
Where anything seized or removed from premises under subsection (4)(ka) contains protected material, that material—
may not be used for the purposes of an examination or investigation under subsection (4)(c), and
must be returned to the premises from which it was removed, or to the person who had possession or control of it immediately before it was removed, as soon as reasonably practicable after it is identified as protected material.
No answer given by a person in pursuance of a requirement imposed under subsection (4)(j) above shall be admissible in evidence in England and Wales against that person in any proceedings, or in Scotland against that person in any criminal proceedings.
Subsection (7D) does not prevent any part of a thing containing protected material which is not protected material being used for the purposes of an examination or investigation, retained or copied.
Nothing in this section shall be taken to compel the production by any person of a document of which he would on grounds of legal professional privilege be entitled to withhold production on an order for discovery in an action in the High Court or, in relation to Scotland, on an order for the production of documents in an action in the Court of Session.
“Protected material” means—
material subject to legal professional privilege,
excluded material within the meaning of section 11 of the Police and Criminal Evidence Act 1984, or
journalistic material, within the meaning of section 13 of that Act, which is not excluded material.
Schedule 18 to this Act shall have effect with respect to the powers of entry and related powers which are conferred by this section.
In this section— “pollution control functions”, in relation to a waste collection authority, means — in relation to an English waste collection authority, the functions conferred or imposed on it by or under Part 2 of the Environmental Protection Act 1990 (other than sections 45 to 45AZD and 46 to 46D of that Act so far as relating to the collection of household waste from domestic property); and in relation to any other waste collection authority, the functions conferred on it by section 59 conferred or imposed on it by or under Part 2 of the Environmental Protection Act 1990; “pollution control functions”, in relation to a local enforcing authority, means the functions conferred or imposed on, or transferred to, that authority— by or under Part I or IIA of the Environmental Protection Act 1990; by or under regulations made by virtue of Part IV of this Act; or by or under EU-derived domestic legislation (as defined by section 2 of the European Union (Withdrawal) Act 2018) to the extent that it relates to pollution; and, in relation to an authority in England or Wales, includes the functions conferred or imposed on, or transferred to, that authority under section 2 of the Pollution Prevention and Control Act 1999; “pollution control functions”, in relation to the Secretary of State, means any functions which are conferred or imposed upon him by or under any enactment or instrument and which relate to the control of pollution; “premises” includes any land, vehicle, vessel or mobile plant. “ waste collection authority ” shall be construed in accordance with section 30(3)(a), (b) and (bb) of the Environmental Protection Act 1990.
Any power to make regulations under this section shall be exercisable by statutory instrument; and a statutory instrument containing any such regulations shall be subject to annulment pursuant to a resolution of either House of Parliament.
Subject to subsection (7D), anything seized or removed under subsection (4)(ka) may be retained for so long as is necessary in all the circumstances.
Where, in the case of any article or substance found by him on any premises which he has power to enter, an authorised person has reasonable cause to believe that, in the circumstances in which he finds it, the article or substance is a cause of imminent danger of serious pollution of the environment or serious harm to human health, he may seize it and cause it to be rendered harmless (whether by destruction or otherwise).
As soon as may be after any article or substance has been seized and rendered harmless under this section, the authorised person shall prepare and sign a written report giving particulars of the circumstances in which the article or substance was seized and so dealt with by him, and shall— and if, where paragraph (b) above applies, the authorised person cannot after reasonable inquiry ascertain the name or address of the owner, the copy may be served on him by giving it to the person to whom a copy was given under paragraph (a) above.
give a signed copy of the report to a responsible person at the premises where the article or substance was found by him; and
unless that person is the owner of the article or substance, also serve a signed copy of the report on the owner;
In this section, “authorised person” has the same meaning as in section 108 above.
A person who appears suitable to an enforcing authority may be authorised in writing by that authority to exercise, in accordance with the terms of the authorisation, any of the powers specified in subsection (4) below for the purpose—
of determining whether any provision of the pollution control enactments in the case of that authority is being, or has been, complied with;
of exercising or performing one or more of the pollution control functions of that authority; or
of determining whether and, if so, how such a function should be exercised or performed.
of determining whether any of the following offences are being or have been committed—
an offence under section 110 of this Act;
an offence under section 40(1) of the Regulatory Reform (Scotland) Act 2014 (offences relating to significant environmental harm);
an offence under section 293(2) of the Criminal Procedure (Scotland) Act 1995 (statutory offences: art and part and aiding or abetting) as it applies in relation to an offence mentioned in sub-paragraph (i) or (ii) above;
an attempt, conspiracy or incitement to commit an offence mentioned in sub-paragraph (i) or (ii) above; or
in a case only where the person is authorised by SEPA, of determining whether, and if so to what extent, any financial benefit has accrued or is likely to accrue to a person in connection with an offence mentioned in subsection (1A) below which the authorised person reasonably believes is being or has been committed.
The offence is a relevant offence (within the meaning of section 53 of the Regulatory Reform (Scotland) Act 2014) for the purpose of provision made under section 24, or of section 35, of that Act).
A person who appears suitable to the Agency , the Natural Resources Body for Wales or SEPA may be authorised in writing by the Agency , the Natural Resources Body for Wales or, as the case may be, SEPA to exercise, in accordance with the terms of the authorisation, any of the powers specified in subsection (4) below for the purpose of enabling the Agency , the Natural Resources Body for Wales or, as the case may be, SEPA to carry out any assessment or prepare any report which the Agency , the Natural Resources Body for Wales or, as the case may be, SEPA is required to carry out or prepare under section 5(3) or 33(3) above.
Subsection (2) above only applies where the Minister who required the assessment to be carried out, or the report to be prepared, has, whether at the time of making the requirement or at any later time, notified the Agency , the Natural Resources Body for Wales or, as the case may be, SEPA that the assessment or report appears to him to relate to an incident or possible incident involving or having the potential to involve—
serious pollution of the environment,
serious harm to human health, or
danger to life or health.
The powers which a person may be authorised to exercise under subsection (1) or (2) above are—
to enter at any reasonable time (or, in an emergency, at any time and, if need be, by force) any premises which he has reason to believe it is necessary for him to enter;
on entering any premises by virtue of paragraph (a) above, to take with him—
any other person duly authorised by the enforcing authority and, if the authorised person has reasonable cause to apprehend any serious obstruction in the execution of his duty, a constable; and
any equipment or materials required for any purpose for which the power of entry is being exercised;
to make such examination and investigation as may in any circumstances be necessary;
as regards any premises which he has power to enter, to direct that those premises or any part of them, or anything in them, shall be left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purpose of any examination or investigation under paragraph (c) above;
to take such measurements and photographs and make such recordings as he considers necessary for the purpose of any examination or investigation under paragraph (c) above;
to take samples, or cause samples to be taken, of any articles or substances found in or on any premises which he has power to enter, and of the air, water or land in, on, or in the vicinity of, the premises;
in the case of any article or substance found in or on any premises which he has power to enter, being an article or substance which appears to him to have caused or to be likely to cause pollution of the environment or harm to human health, to cause it to be dismantled or subjected to any process or test (but not so as to damage or destroy it, unless that is necessary);
in the case of any such article or substance as is mentioned in paragraph (g) above, to take possession of it and detain it for so long as is necessary for all or any of the following purposes, namely—
to examine it, or cause it to be examined, and to do, or cause to be done, to it anything which he has power to do under that paragraph;
to ensure that it is not tampered with before examination of it is completed;
to ensure that it is available for use as evidence in any proceedings for an offence under the pollution control enactments in the case of the enforcing authority under whose authorisation he acts or in any other proceedings relating to a variation notice, enforcement notice or prohibition notice under those enactments;
to ensure that it is available for use as evidence in any proceedings for an offence under section 40(1) of the Regulatory Reform (Scotland) Act 2014;
to require any person whom he has reasonable cause to believe to be able to give any information relevant to any examination or investigation under paragraph (c) above—
to answer (in the absence of persons other than a person nominated by that person to be present and any persons whom the authorised person may allow to be present) such questions as the authorised person thinks fit to ask and to sign a declaration of the truth of his answers ; and
without prejudice to the generality of paragraph (c) above, to attend at such place and at such reasonable time as the authorised person may specify to answer those questions and sign such a declaration;
in a case only where he is authorised under subsection (1) or (2) above by SEPA, and without prejudice to the generality of paragraphs (c) and (j) above, to require any person whom he has reasonable cause to believe to be able to give any information relevant to an examination or investigation under paragraph (c) above, to provide the person's name, address and date of birth;
to require the production of, or where the information is recorded in computerised form, the furnishing of extracts from, any records— and to inspect and take copies of, or of any entry in, the records;
which are required to be kept under the pollution control enactments for the enforcing authority under whose authorisation he acts, or
which it is necessary for him to see for the purposes of an examination or investigation under paragraph (c) above,
as regards any premises which by virtue of an authorisation from SEPA he has power to enter, to search the premises and seize and remove any documents found in or on the premises which he has reasonable cause to believe—
may be required as evidence for the purpose of proceedings relating to an offence under any of the pollution control enactments, or under section 40(1) of the Regulatory Reform (Scotland) Act 2014, which he reasonably believes is being or has been committed; or
may assist in determining whether, and if so to what extent, any financial benefit has accrued or is likely to accrue as mentioned in subsection (1)(e) above;
to require any person to afford him such facilities and assistance with respect to any matters or things within that person’s control or in relation to which that person has responsibilities as are necessary to enable the authorised person to exercise any of the powers conferred on him by this section;
any other power for— which is conferred by regulations made by the Secretary of State.
a purpose falling within any paragraph of subsection (1) above, or
any such purpose as is mentioned in subsection (2) above,
The powers which by virtue of subsections (1) and (4) above are conferred in relation to any premises for the purpose of enabling an enforcing authority to determine whether any provision of the pollution control enactments in the case of that authority is being, or has been, complied with , or whether an offence under section 40(1) of the Regulatory Reform (Scotland) Act 2014 is being, or has been, committed, shall include power, in order to obtain the information on which that determination may be made,—
to carry out experimental borings or other works on those premises; and
to install, keep or maintain monitoring and other apparatus there.
Except in an emergency, in any case where it is proposed to enter any premises used for residential purposes, or to take heavy equipment on to any premises which are to be entered, any entry by virtue of this section shall only be effected—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
either—
with the consent of a person who is in occupation of those premises; or
under the authority of a warrant by virtue of Schedule 18 to this Act.
Except in an emergency, where an authorised person proposes to enter any premises and— any entry on to those premises by virtue of this section shall only be effected under the authority of a warrant by virtue of Schedule 18 to this Act.
entry has been refused and he apprehends on reasonable grounds that the use of force may be necessary to effect entry, or
he apprehends on reasonable grounds that entry is likely to be refused and that the use of force may be necessary to effect entry,
An authorised person may not exercise the power in subsection (4)(ka) above to seize and remove documents except under the authority of a warrant by virtue of Schedule 18 to this Act.
Section 108A applies where documents are removed under that power.
Subsections (7D) and (7E) apply where a document removed under that power contains information in respect of which a claim to confidentiality of communications could be maintained in legal proceedings.
The information may not be used—
in evidence for the purpose of proceedings mentioned in paragraph (ka)(i) of subsection (4) above against a person who would be entitled to make such a claim in relation to the document; or
to determine whether any financial benefit has accrued or is likely to accrue as mentioned in subsection (1)(e) above.
The document must be returned to the premises from which it was removed, or to the person who had possession or control of it immediately before it was removed, as soon as reasonably practicable after the information is identified as information described in subsection (7C) above (but the authorised person may retain, or take copies of, any other information contained in the document).
In relation to any premises belonging to or used for the purposes of the United Kingdom Atomic Energy Authority, subsections (1) to (4) above shall have effect subject to section 6(3) of the Atomic Energy Authority Act 1954 (which restricts entry to such premises where they are prohibited places within the meaning of Part 1 of the National Security Act 2023).
The Secretary of State may by regulations make provision as to the procedure to be followed in connection with the taking of, and the dealing with, samples under subsection (4)(f) above.
Where an authorised person proposes to exercise the power conferred by subsection (4)(g) above in the case of an article or substance found on any premises, he shall, if so requested by a person who at the time is present on and has responsibilities in relation to those premises, cause anything which is to be done by virtue of that power to be done in the presence of that person.
Before exercising the power conferred by subsection (4)(g) above in the case of any article or substance, an authorised person shall consult— as appear to him appropriate for the purpose of ascertaining what dangers, if any, there may be in doing anything which he proposes to do or cause to be done under the power.
such persons having duties on the premises where the article or substance is to be dismantled or subjected to the process or test, and
such other persons,
No answer given by a person in pursuance of a requirement imposed under subsection (4)(j) above shall be admissible in evidence in England and Wales against that person in any proceedings, or in Scotland against that person in any criminal proceedings , except in a case where the proceedings relate to—
an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements and declarations), or
another offence where in giving evidence the person makes a statement inconsistent with the answer.
Nothing in this section shall be taken to compel the production by any person of a document of which he would on grounds of legal professional privilege be entitled to withhold production on an order for discovery in an action in the High Court or, in relation to Scotland, on an order for the production of documents in an action in the Court of Session.
Schedule 18 to this Act shall have effect with respect to the powers of entry and related powers which are conferred by this section.
In this section— “pollution control functions”, in relation to a local enforcing authority, means the functions conferred or imposed on, or transferred to, that authority— by or under Part I or IIA of the Environmental Protection Act 1990; by or under regulations made by virtue of Part IV of this Act; or by or under EU-derived domestic legislation (as defined by section 2 of the European Union (Withdrawal) Act 2018) to the extent that it relates to pollution; or by or under regulations made by virtue of section 78YC of the Environmental Protection Act 1990; “pollution control functions”, in relation to the Secretary of State, means any functions which are conferred or imposed upon him by or under any enactment or instrument (including any enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament) and which relate to the control of pollution; “premises” includes any land, vehicle, vessel or mobile plant.
Any power to make regulations under this section shall be exercisable by statutory instrument; and a statutory instrument containing any such regulations shall be subject to annulment pursuant to a resolution of either House of Parliament.
It is an offence for a person intentionally to obstruct an authorised person in the exercise or performance of his powers or duties.
It is an offence for a person, without reasonable excuse,—
to fail to comply with any requirement imposed under section 108 above;
to fail or refuse to provide facilities or assistance or any information or to permit any inspection reasonably required by an authorised person in the execution of his powers or duties under or by virtue of that section; or
to prevent any other person from appearing before an authorised person, or answering any question to which an authorised person may require an answer, pursuant to subsection (4) of that section.
It is an offence for a person falsely to pretend to be an authorised person.
A person guilty of an offence under subsection (1) above (except one to which subsection (3E) applies) shall be liable—
in the case of an offence of assaulting, hindering or obstructing an authorised person in the execution of his powers under section 109 above—
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding 12 months, or to both;
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both;
in any other case, on summary conviction, to a fine not exceeding level 5 on the standard scale the prescribed sum within the meaning of section 225(8) of the Criminal Procedure (Scotland) Act 1995 or to imprisonment for a term not exceeding 12 months, or to both.
It is an offence for a person to contravene, without reasonable excuse, a restriction notice issued under section 109A (including a notice continued in force under section 109E).
A person guilty of an offence under subsection (2) or (3) above (except one to which subsection (3E) applies) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
It is an offence for a person to contravene, without reasonable excuse, a restriction order made under section 109D, 109F, 109G or 109I.
In this section—
It is an offence for a person to remove, without reasonable excuse, a copy of a restriction order fixed to a normal means of access to premises under section 109H(1).
Subsection (3E) applies to an offence under subsection (1) or (2) if the exercise or performance of a power or duty to which the offence relates—
was that of a person authorised by the Agency or the Natural Resources Body for Wales, and
was in respect of the operations of—
a water undertaker or sewerage undertaker, or
a water supply licensee or sewerage licensee within the meaning of the Water Industry Act 1991.
The person guilty of the offence is liable—
on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine, or both;
on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or both.
A person may be convicted of the offence under subsection (1) above of hindering or obstructing even though it is—
effected by means other than physical means, or
effected by action directed only at any vehicle, apparatus, equipment or other thing used or to be used by an authorised person.
Subsection (5C) applies where, in the trial of a person (“the accused”) charged in summary proceedings with an offence under subsection (1) above, the court—
is not satisfied that the accused committed the offence, but
is satisfied that the accused committed an offence under subsection (2) above.
The court may acquit the accused of the charge and, instead, find the accused guilty of an offence under subsection (2) above.
A person guilty of an offence under subsection (3A) is liable on summary conviction to a fine or to imprisonment for a period not exceeding 51 weeks, or to both.
A person guilty of an offence under subsection (3B) is liable—
on summary conviction, to a fine or to imprisonment for a period not exceeding the general limit in a magistrates’ court, or to both;
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.
A person guilty of an offence under subsection (3C) is liable on summary conviction to a fine.
In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003, the reference in subsection (5D) to 51 weeks is to be read as a reference to 6 months.
In relation to an offence committed before 2 May 2022, the reference in subsection (5E)(a) to the general limit in a magistrates’ court is to be read as a reference to 6 months.
Where an offence to which subsection (3E) applies is committed by a body corporate and— the relevant officer also commits the offence.
is committed with the consent or connivance of a relevant officer, or
is attributable to the neglect of a relevant officer,
In subsection (5I), “relevant officer” means—
a director, executive, manager, secretary or other similar officer of the body corporate concerned,
if the affairs of the body are managed by its members, a member exercising functions of management, or
any person purporting to act in a capacity within paragraph (a) or (b).
An authorised person (within the meaning of subsection (15) of section 108 of this Act) who removes any documents under the power in subsection (4)(ka) of that section shall, if requested to do so by a person mentioned in subsection (2) below, provide that person with a record of what the authorised person removed.
The persons are—
a person who was the occupier of any premises from which the documents were removed at the time of their removal;
a person who had possession or control of the documents immediately before they were removed.
The authorised person shall provide the record within a reasonable time of the request for it.
A person who had possession or control of documents immediately before they were removed may apply to SEPA—
for access to the documents; or
for a copy of them.
SEPA shall—
allow the applicant supervised access to the documents for the purpose of copying them or information contained in them; or
copy the documents or information contained in them (or cause the documents or information to be copied) and provide the applicant with such copies within a reasonable time of the application.
But SEPA need not comply with subsection (5) above where it has reasonable grounds for believing that to do so might prejudice—
any investigation for a purpose mentioned in paragraph (a), (d) or (e) of subsection (1) of section 108 of this Act; or
any criminal proceedings which may be brought as a result of any such investigation.
In subsection (5) above, “supervised access” means access under the supervision of a person approved by SEPA.
A person who claims that an authorised person or SEPA has failed to comply with the requirements of subsection (1), (3) or (5) above may apply to the sheriff for an order under subsection (10) below.
An application under subsection (8) above—
relating to a failure to comply with the requirements of subsection (1) or (3) above may be made only by a person who is entitled to make a request under subsection (1) above;
relating to a failure to comply with subsection (5) above may be made only by a person who had possession or control of the documents immediately before they were removed.
The sheriff may, if satisfied that the authorised person or SEPA has failed to comply with the requirements of subsection (1), (3) or (5) above, order the person, or as the case may SEPA, to comply with the requirements within such time and in such manner as may be specified in the order.
An authorised person may issue a restriction notice in relation to premises where there is, or was, a regulated facility or an exempt facility if the person is satisfied that the conditions in subsection (2) are met.
The conditions are that—
there is a risk of serious pollution to the environment or serious harm to human health which is a result of the treatment, keeping, deposit or disposal of waste in or on the premises, and
the notice is necessary to prevent that risk from continuing.
A restriction notice is a notice prohibiting access to, and the importation of waste into, the premises or a specified part of the premises.
But a restriction notice does not prohibit access to the premises, or the specified part of the premises, by the occupier or the owner.
A restriction notice has effect for a period specified in the notice, which may not exceed 72 hours.
Where a restriction notice is issued, the appropriate agency may do anything necessary to secure the premises against access in contravention of the notice.
A restriction notice may include provision for—
persons, or a description of persons, to whom the prohibition in subsection (3) does not apply;
times at which the prohibition in subsection (3) does not apply;
circumstances in which the prohibition in subsection (3) does not apply.
Provision included in accordance with subsection (7) may be unconditional or subject to specified conditions.
A restriction notice must—
identify the premises, or part of the premises, to which the notice applies;
explain the effect of the notice;
state that failure to comply with the notice is an offence;
state the penalties applicable to a person guilty of an offence;
state that a restriction order will be applied for under section 109D;
state that notice will be given of when and where the application for a restriction order will be heard;
explain the effect of a restriction order.
Before issuing a restriction notice, the appropriate agency must make reasonable efforts—
to inform the occupier and the owner of the premises that the notice is going to be issued;
to consult the occupier and the owner of the premises on the arrangements for access to the premises, or to the particular part of the premises, by persons acting on behalf of the occupier or the owner for any purpose, including—
the purpose of maintaining machinery and apparatus;
the purpose of securing the premises.
Where a restriction notice is in force and the authorised person is no longer satisfied that the conditions in section 109A(2) are met—
as regards the premises as a whole, the authorised person must issue a notice cancelling the restriction notice (a “cancellation notice”);
as regards a particular part of the premises, the authorised person must issue a notice varying the restriction notice so that it does not apply to that part of the premises (a “variation notice”).
A restriction notice, a cancellation notice or a variation notice must be served by an authorised person.
The authorised person must make reasonable efforts to—
fix a copy of the notice to each normal means of access to the premises;
give a copy of the notice to the occupier and the owner of the premises;
give a copy of the notice to the occupier and the owner of any other premises to which the authorised person believes access will be impeded by the restriction notice.
In subsection (1), “cancellation notice” and “variation notice” have the meanings given by section 109B.
An application to a magistrates’ court for a restriction order—
must be made by the appropriate agency when it has issued a restriction notice (unless the notice has been cancelled);
may otherwise be made by the appropriate agency at any time.
The application must be heard by the magistrates’ court—
where subsection (1)(a) applies, not later than 72 hours after service of the restriction notice;
where subsection (1)(b) applies, not later than 7 days after the application is made.
Where an application is made under subsection (1), the appropriate agency must serve a notice stating the date, time and place of the hearing of the application on—
the occupier and the owner of the premises;
the occupier and the owner of any other premises to which the appropriate agency believes access will be impeded if a restriction order is made.
The court may make a restriction order in relation to premises where there is, or was, a regulated facility or an exempt facility if the court is satisfied that the conditions in subsection (5) or (6) are met.
The conditions are that—
there is a risk of serious pollution to the environment or serious harm to human health which is a result of the treatment, keeping, deposit or disposal of waste in or on the premises, and
the order is necessary to prevent that risk from continuing.
The conditions are that—
in relation to the treatment, keeping, deposit or disposal of waste in or on the premises, a person has—
contravened section 33(1) of the Environmental Protection Act 1990,
contravened regulation 12(1) of the Environmental Permitting Regulations or knowingly caused or knowingly permitted the contravention of regulation 12(1)(a) of those Regulations,
contravened or failed to comply with an environmental permit condition, or
failed to comply with the requirements of an enforcement notice, a landfill closure notice, a mining waste facility closure notice, a suspension notice, or a notice served under section 59, 59ZA, 59ZB or 59ZC of the Environmental Protection Act 1990,
the conduct referred to in paragraph (a) has caused, is causing or has failed to prevent from continuing—
pollution to the environment, or
harm to human health, and
the order is necessary to prevent that pollution or harm from continuing.
A restriction order is an order prohibiting access to, and the importation of waste into, the premises or a specified part of the premises.
A restriction order has effect for a period specified in the order, which may not exceed 6 months.
A restriction order may include provision for—
persons, or a description of persons, to whom the prohibition in subsection (7) does not apply;
times at which the prohibition in subsection (7) does not apply;
circumstances in which the prohibition in subsection (7) does not apply.
Provision included in accordance with subsection (9) may be unconditional or subject to specified conditions.
A restriction order may include provision about access to other premises where that access could otherwise be impeded by the order.
A restriction order must—
identify the premises, or part of the premises, to which the order applies;
explain the effect of the order;
state that failure to comply with the order is an offence;
state that the removal of a copy of a restriction order fixed to a normal means of access to the premises is an offence;
state the penalties applicable to a person guilty of an offence.
The restriction notice referred to in subsection (1)(a) ceases to have effect—
on the making of a restriction order, or
where the court decides not to make a restriction order, on the making of that decision, unless the court makes an order in accordance with section 109E(4).
In subsection (6)(a)(iii) and (iv), “enforcement notice”, “environmental permit condition”, “landfill closure notice”, “mining waste facility closure notice” and “suspension notice” have the meanings given in regulation 2(1) of the Environmental Permitting Regulations.
This section applies where an application has been made to a magistrates’ court under section 109D(1)(a) for a restriction order.
The court may adjourn the hearing of the application for a period of not more than 14 days to enable—
the appropriate agency to show why a restriction order should be made;
the occupier or the owner of the premises to show why a restriction order should not be made.
If the court adjourns the hearing, the restriction notice continues in force until the court has determined the application.
If the court does not make a restriction order it may nevertheless order that the restriction notice continues in force for a specified further period of not more than 72 hours if it is satisfied that—
there is a risk of serious pollution to the environment or serious harm to human health which is a result of the treatment, keeping, deposit or disposal of waste in or on the premises, and
the notice is necessary to prevent that risk from continuing.
At any time before the expiry of a restriction order, the appropriate agency may apply to a justice of the peace, by complaint, for an extension (or further extension) of the period for which the order is in force.
Where an application is made under this section, the justice of the peace may issue a summons directed to one or both of the occupier and the owner of the premises, requiring the person to appear before the magistrates’ court to respond to the application.
If a summons is issued under subsection (2), a notice stating the date, time and place of the hearing of the application must be served on the persons to whom the summons is directed.
The court may make an order extending (or further extending) the period of the restriction order by a period not exceeding 6 months where satisfied that the conditions in section 109D(5) or (6) are met.
At any time before the expiry of a restriction order, an application may be made to a justice of the peace, by complaint, for the order to be varied or discharged.
Those entitled to make an application under this section are—
the appropriate agency that applied for the restriction order;
the occupier of the premises subject to the order;
the owner of the premises subject to the order.
Where the appropriate agency makes an application under this section, the justice of the peace may issue a summons directed to one or both of the occupier and the owner of the premises, requiring the person to appear before the magistrates’ court to respond to the application.
Where the occupier or the owner of the premises makes an application under this section, the justice of the peace must—
issue a summons directed to the appropriate agency that applied for the restriction order requiring it to appear before the magistrates’ court to respond to the application, or
dismiss the application.
If a summons is issued under subsection (3) or (4), a notice stating the date, time and place of the hearing of the application must be served on—
the appropriate agency that applied for the restriction order (other than where the agency is the complainant);
the occupier or the owner of the premises (other than the complainant).
The magistrates’ court may make an order varying or discharging the restriction order if it is no longer satisfied that the conditions in section 109D(5) or (6) are met in respect of all or part of the premises (or the part of the premises) to which the restriction order applies.
The appropriate agency must make reasonable efforts to fix a copy of the restriction order to each normal means of access to the premises.
Where a restriction order has been made, an authorised person may do anything necessary to secure the premises against access in contravention of the order.
The occupier or the owner of the premises may appeal against—
a decision to make or extend a restriction order;
a decision made under section 109G in relation to an application to vary or discharge a restriction order.
The appropriate agency may appeal against—
a decision not to order the continuation in force of a restriction notice (under section 109E);
a decision not to make a restriction order;
a decision not to extend a restriction order;
a decision made in relation to an application to vary or discharge a restriction order (under section 109G).
An appeal under this section is to the Crown Court.
An appeal under this section must be made within 21 days beginning with the date of the decision to which it relates.
On an appeal under this section the Crown Court may make whatever order it thinks appropriate.
Pending the determination of an appeal under this section, the decision being appealed remains in force.
Where— an occupier or owner of those other premises may apply to the appropriate court for an order under this section.
access to premises is prohibited or restricted by an order under section 109D, 109E, 109F, 109G or 109I, and
there are other premises to which access is impeded by that order,
The appropriate court is—
the magistrates’ court, in the case of an order under section 109D, 109E, 109F or 109G;
the Crown Court, in the case of an order under section 109I.
Notice of an application under this section must be given to—
the appropriate agency that applied for the restriction order;
the occupier and the owner of the premises subject to the order.
On an application under this section the court may make whatever order it thinks appropriate in relation to access to the other premises, whether or not provision has been made under section 109D(11).
An appropriate agency that incurs expenditure for the purpose of securing premises in respect of which a restriction notice was issued is entitled to recover that expenditure from the occupier or the owner of the premises, except such of that expenditure as the occupier or the owner shows was incurred unnecessarily.
An appropriate agency that incurs expenditure for the purpose of securing premises in respect of which a restriction order is in force may apply to the court that made the restriction order for an order under subsection (3).
On an application under this section, the court may make whatever order it thinks appropriate for the reimbursement (in full or in part) by the occupier or the owner of the premises of—
the expenditure mentioned in subsection (2);
any expenditure incurred by the appropriate agency for the purpose of securing the premises in respect of which a restriction notice (including a notice continued in force under section 109E) was issued, except such of that expenditure as has been recovered in accordance with subsection (1).
An application for an order under this section may not be heard unless it is made within 3 months beginning with the day on which the restriction order ceases to have effect.
An order under this section may be made only against a person who has been served with the application for the order.
The appropriate agency is not liable for damages arising out of anything done or omitted to be done by the appropriate agency in the exercise or purported exercise of a power under sections 109A to 109D, 109F to 109I and 109K in proceedings for—
judicial review, or
the tort of negligence or misfeasance in public office.
Subsection (1) does not apply to an act or omission shown to have been in bad faith.
Subsection (1) does not apply so as to prevent an award of damages made in respect of an act or omission on the ground that the act or omission was unlawful by virtue of section 6(1) of the Human Rights Act 1998.
This section does not affect any other exemption from liability (whether at common law or otherwise).
Where the occupier or the owner of any premises to which access was impeded by a restriction notice or order (other than the premises which is subject to a restriction notice or order) claims to have incurred financial loss in consequence of that notice or order, that person may apply to the appropriate court for compensation.
The appropriate court is—
the magistrates’ court (except where paragraph (b) applies);
the Crown Court, in the case of a restriction order that was made or extended by an order of that Court on an appeal under section 109I.
An application under this section may not be heard unless it is made within 3 months beginning with whichever of the following is applicable—
the day on which the restriction notice was cancelled under section 109B;
the day on which a restriction order was refused;
the day on which the restriction order ceased to have effect.
For the purposes of subsection (3)(b) the day on which a restriction order was refused is—
the day on which the magistrates’ court decided not to make a restriction order (except where paragraph (b) applies);
the day on which the Crown Court dismissed an appeal against a decision not to make a restriction order.
On an application under this section the court may order the payment of compensation by the appropriate agency if it is satisfied—
that the applicant has incurred financial loss in consequence of the notice or order, and
that having regard to all the circumstances it is appropriate to order payment of compensation in respect of that loss.
In sections 109A to 109M and this section—
“exempt facility” has the meaning given in regulation 5 of the Environmental Permitting Regulations;
In calculating for the purposes of sections 109A(5), 109D(2) and 109E(4) when a period of 72 hours or 7 days ends, the following days are to be disregarded—
Good Friday;
Christmas Day;
a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971.
A relevant official may exercise the powers set out in subsection (2) where—
the official reasonably believes that a vehicle has been, is being or is about to be used in the commission of a relevant offence, and
proceedings have not been brought against any person in respect of the offence.
The powers referred to in subsection (1) are—
the power to stop the vehicle (but only a constable in uniform may stop a vehicle on a road),
the power to require any occupant of the vehicle to give the official—
the occupant’s name and address,
the name and address of the person in whose name the vehicle is registered under the Vehicle Excise and Registration Act 1994,
any other information the official reasonably requests,
the power to enter premises (but not premises used for residential purposes) at a reasonable time for the purpose of searching or seizing the vehicle,
the power to search the vehicle,
the power to seize the vehicle and any of its contents.
Any information a person gives in response to a requirement imposed under subsection (2)(b) is inadmissible in evidence against the person in criminal proceedings in respect of any offence other than an offence under section 110B(1).
A vehicle or its contents seized under subsection (2)(e)—
by a relevant official of SEPA acting alone, are seized on behalf of SEPA,
by a relevant official of a waste collection authority acting alone, are seized on behalf of the waste collection authority in whose area the seizure takes place,
by a constable in the presence of or at the request of a relevant official of SEPA, are seized on behalf of SEPA,
by a constable acting alone, or in the presence of or at the request of a relevant official of a waste collection authority, are seized on behalf of the waste collection authority in whose area the seizure takes place.
For the purposes of this section, an offence is a relevant offence if an enactment states that the powers conferred by this section may be exercised in relation to it.
In this section and sections 110B and 110C—
A person commits an offence if the person—
fails without reasonable excuse to give any assistance that a relevant official reasonably requests in the exercise of a power conferred by section 110A,
otherwise intentionally obstructs a relevant official in exercising one of those powers,
fails without reasonable excuse to give information when required to do so by a relevant official in exercise of the power conferred by section 110A(2)(b),
in response to such a requirement knowingly or recklessly gives information that is, in a material way, either false or misleading.
A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Where property has been seized under section 110A on behalf of SEPA or a waste collection authority, the authority on whose behalf it was seized (the “responsible authority”) may remove the seized property to a place which it considers appropriate.
The responsible authority must—
deal with any seized property in accordance with regulations made by the Scottish Ministers, and
in so doing, have regard to any guidance issued by the Scottish Ministers.
Regulations under subsection (2)(a)—
must set out—
the duties of a responsible authority in relation to the safe custody of seized property,
the circumstances in which seized property must be returned to a person claiming entitlement to it,
the circumstances in which a responsible authority may sell, destroy or otherwise dispose of seized property, and
the uses to which the proceeds of any sale may be put,
must require a responsible authority to publish a notice in such form, and to take any other steps, as may be specified in the regulations for informing persons who may be entitled to the seized property that it has been seized and is available to be claimed,
must require a responsible authority to wait for a period specified in the regulations before selling, destroying or otherwise disposing of seized property, with that period beginning only once the responsible authority has taken steps specified in the regulations to inform anyone who may be entitled to the seized property in question that it has been seized and how a claim for its return may be made,
may—
provide for exceptions to the requirements described by paragraphs (b) and (c),
include any other provision that the Scottish Ministers consider appropriate.
Regulations under subsection (2)(a) are subject to the affirmative procedure.
The Scottish Ministers may by regulations provide for an offence to be, or cease to be, a relevant offence for the purposes of section 110A.
The power conferred by subsection (1) may be exercised to modify any enactment (including this Act).
Regulations under subsection (1) are subject to the affirmative procedure.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
section 19(2) to (2B) of the Rivers (Prevention of Pollution) (Scotland) 1951;
section 49 of the Sewerage (Scotland) Act 1968;
section 171(4) and (5) of the Water Industry Act 1991; and
section 209(1), (2) and (4) of the Water Resources Act 1991.
Information provided or obtained pursuant to or by virtue of a condition of a relevant licence (including information so provided or obtained, or recorded, by means of any apparatus) shall be admissible in evidence in any proceedings, whether against the person subject to the condition or any other person.
For the purposes of subsections (2) and (2A) above, apparatus shall be presumed in any proceedings to register or record accurately, unless the contrary is shown or provision otherwise is made by the relevant licence or by virtue of the relevant regulations.
Information provided or obtained pursuant to or by virtue of relevant regulations (including information so provided or obtained, or recorded, by means of any apparatus) shall be admissible in evidence in any proceedings, whether against the person subject to a requirement arising under or by virtue of the regulations or any other person.
Where— that fact shall be admissible in any proceedings as evidence that that condition has not been observed or that requirement has not been complied with.
by virtue of a condition of a relevant licence or by virtue of relevant regulations, an entry is required to be made in any record as to the observance of any condition of the relevant licence or compliance with any requirement arising under or by virtue of the regulations, and
the entry has not been made,
In this section—
In section 25 of the Environmental Protection Act, after subsection (2) (which makes similar provision to subsection (4) above) there shall be inserted—
Schedule 19 to this Act shall have effect.
Notwithstanding any prohibition or restriction imposed by or under any enactment or rule of law, information of any description may be disclosed— for the purpose of facilitating the carrying out by any of the relevant agencies of any of its functions, by any such Minister of any of his environmental functions or by any local enforcing authority of any of its relevant functions; and no person shall be subject to any civil or criminal liability in consequence of any disclosure made by virtue of this subsection.
by a relevant agency to a Minister of the Crown, another relevant agency or a local enforcing authority,
by a Minister of the Crown to a relevant agency, another Minister of the Crown or a local enforcing authority, ...
by a local enforcing authority to a Minister of the Crown, a relevant agency or another local enforcing authority, or
by the Natural Resources Body for Wales to the Forestry Commissioners or the Scottish Ministers,
Nothing in this section shall authorise the disclosure to a local enforcing authority by a relevant agency or another local enforcing authority of information—
disclosure of which would, in the opinion of a Minister of the Crown, be contrary to the interests of national security; or
which was obtained under or by virtue of the Statistics of Trade Act 1947 and which was disclosed to a relevant agency or any of its officers by the Secretary of State.
Nothing in this section authorises the disclosure by SEPA to any person of protected taxpayer information which was obtained by SEPA in connection with a function of Revenue Scotland delegated to it by Revenue Scotland under section 4(1)(b) of the Revenue Scotland and Tax Powers Act 2014 (asp 16).
No information disclosed to any person under or by virtue of this section shall be disclosed by that person to any other person otherwise than in accordance with the provisions of this section, or any provision of any other enactment which authorises or requires the disclosure, if that information is information—
which relates to a trade secret of any person or which otherwise is or might be commercially confidential in relation to any person; or
whose disclosure otherwise than under or by virtue of this section would, in the opinion of a Minister of the Crown, be contrary to the interests of national security.
Any authorisation by or under this section of the disclosure of information by or to any person shall also be taken to authorise the disclosure of that information by or, as the case may be, to any officer of his who is authorised by him to make the disclosure or, as the case may be, to receive the information.
In this section—
The Secretary of State may—
appoint any person to exercise on his behalf, with or without payment, any function to which this paragraph applies; or
refer any item to which this paragraph applies to such person as the Secretary of State may appoint for the purpose, with or without payment.
The functions to which paragraph (a) of subsection (1) above applies are any of the Secretary of State’s functions of determining—
an appeal under— or any matter involved in such an appeal;
section 42B(5) of the Control of Pollution Act 1974,
section 4 of the Control of Pollution (Amendment) Act 1989,
section 15, 22(5), ... 59(2), 62(3)(c), ... 62ZA(6)(d), 78L or 78T of the Environmental Protection Act 1990,
paragraph 2 or paragraph 3(3) of Schedule 6 to the Natural Heritage (Scotland) Act 1991,
section 36A, 43, 51, ... 92, 96, 161C or 191B(5) of the Water Resources Act 1991,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
regulations ... , under section 61 of the Water Act 2014 extending to Scotland or under section 18 of the Regulatory Reform (Scotland) Act 2014,
regulations under section 2 of the Pollution Prevention and Control Act 1999 extending to England and Wales or regulations under section 61 of the Water Act 2014 extending to England and Wales,
section 3 of the Water Act 2003,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the questions, or any of the questions, which fall to be determined by the Secretary of State under section 39(1) or section 49(4) of the Control of Pollution Act 1974.
The items to which paragraph (b) of subsection (1) above applies are—
any matter involved in an appeal falling within subsection (2)(a) above;
any of the questions which fall to be determined by the Secretary of State under section 39(1) or section 49(4) of the Control of Pollution Act 1974.
Schedule 20 to this Act shall have effect with respect to appointments under subsection (1)(a) above.
Subject to the provisions of this section, this Act shall bind the Crown.
Part III of this Act and any amendments, repeals and revocations made by other provisions of this Act (other than those made by Schedule 21, which shall bind the Crown) bind the Crown to the extent that the enactments to which they relate bind the Crown.
No contravention by the Crown of any provision made by or under this Act shall make the Crown criminally liable; but the High Court or, in Scotland, the Court of Session may, on the application of the Agency , the Natural Resources Body for Wales or, in Scotland, SEPA, declare unlawful any act or omission of the Crown which constitutes such a contravention.
Notwithstanding anything in subsection (3) above, any provision made by or under this Act shall apply to persons in the public service of the Crown as it applies to other persons.
If the Secretary of State certifies that it appears to him, as respects any Crown premises and any powers of entry exercisable in relation to them specified in the certificate, that it is requisite or expedient that, in the interests of national security, the powers should not be exercisable in relation to those premises, those powers shall not be exercisable in relation to those premises; and in this subsection “Crown premises” means premises held or used by or on behalf of the Crown.
Nothing in this section shall be taken as in any way affecting Her Majesty in her private capacity; and this subsection shall be construed as if section 38(3) of the Crown Proceedings Act 1947 (interpretation of references to Her Majesty in her private capacity) were contained in this Act.
Schedule 21 to this Act shall have effect.
Subject to sections 77, 80 and 89 above and the provisions of any order under this section or section 89 above, nothing in this Act shall require or authorise any function, duty or power to be carried out, performed or exercised in relation to the Isles of Scilly by the Agency; and references in the other provisions of this Act (apart from Part III) to England and Wales shall not include references to those Isles.
The Secretary of State may, after consultation with the Council of the Isles of Scilly, by order make provision with respect to the carrying out in those Isles of functions (other than functions under or by virtue of Part III or IV of this Act) falling to be carried out in relation to other parts of England and Wales by the Agency.
Without prejudice to the generality of the power conferred by subsection (2) above, an order under this section may apply any provision of this Act (other than a provision contained in Part III or IV) in relation to the Isles of Scilly with or without modifications.
An order under this section may—
make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and
contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate, including provision saving provision repealed by or under any enactment.
The power of the Secretary of State to make an order under this section shall be exercisable by statutory instrument; and a statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament.
After section 10 of the Control of Pollution (Amendment) Act 1989 there shall be inserted—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For section 76 of the Environmental Protection Act 1990 (which provides for Part II of that Act to have effect in its application to the Isles of Scilly with modifications specified by order) there shall be substituted—
For section 222 of the Water Industry Act 1991 (application to Isles of Scilly) there shall be substituted—
For section 224 of the Water Resources Act 1991 (application to Isles of Scilly) there shall be substituted—
For section 75 of the Land Drainage Act 1991 (application to the Isles of Scilly) there shall be substituted—
No transfer effected by Part I of this Act shall give rise to any liability to stamp duty.
Stamp duty shall not be chargeable—
on any transfer scheme; or
on any instrument or agreement which is certified to the Commissioners of Inland Revenue by the Secretary of State as made in pursuance of a transfer scheme.
No transfer scheme, and no instrument which is certified as mentioned in subsection (2)(b) above, shall be taken to be duly stamped unless—
it has, in accordance with section 12 of the Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with that duty or that it is duly stamped; or
it is stamped with the duty to which it would be liable, apart from this section.
In this section “transfer scheme” means a scheme made or approved by the Secretary of State under section 3 or 22 above for the transfer of property, rights or liabilities to the Agency or to SEPA.
The enactments mentioned in Schedule 22 to this Act shall have effect with the amendments there specified (being minor amendments and amendments consequential on provisions of this Act); and, without prejudice to any power conferred by any other provision of this Act, the Secretary of State and the Minister shall each have power by regulations to make such additional consequential amendments— as he considers necessary or expedient by reason of the coming into force of any provision of this Act.
of public general enactments passed before, or in the same Session as, this Act, and
of subordinate legislation made before the passing of this Act,
The transitional provisions, transitory provisions and savings contained in Schedule 23 to this Act shall have effect; but those provisions are without prejudice to sections 16 and 17 of the Interpretation Act 1978 (effect of repeals).
The enactments mentioned in Schedule 24 to this Act (which include some that are spent or no longer of practical utility) are hereby repealed to the extent specified in the third column of that Schedule.
The power to make regulations under subsection (1) above shall be exercisable by statutory instrument; and a statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The power to make regulations under subsection (1) above includes power to make such incidental, supplemental, consequential and transitional provision as the Secretary of State or the Minister thinks necessary or expedient.
In this section—
If it appears to the Secretary of State or the Minister to be appropriate to do so— he may by order repeal, amend or re-enact (with or without modifications) any local statutory provision, including, in the case of an order by virtue of paragraph (b) above, a provision amended by virtue of paragraph (a) above.
for the purposes of, or in consequence of, the coming into force of any enactment contained in this Act; or
in consequence of the effect or operation at any time after the transfer date of any such enactment or of anything done under any such enactment,
An order made by the Secretary of State or the Minister under subsection (1) above may—
make provision applying generally in relation to local statutory provisions of a description specified in the order;
make different provision for different cases, including different provision in relation to different persons, circumstances or localities;
contain such supplemental, consequential and transitional provision as the Secretary of State or, as the case may be, the Minister considers appropriate; and
in the case of an order made after the transfer date, require provision contained in the order to be treated as if it came into force on that date.
The power under this section to repeal or amend a local statutory provision shall include power to modify the effect in relation to any local statutory provision of any provision of Schedule 23 to this Act.
Nothing in any order under this section may abrogate or curtail the effect of so much of any local statutory provision as confers any right of way or confers on or preserves for the public—
any right of enjoyment of air, exercise or recreation on land; or
any right of access to land for the purposes of exercise or recreation.
The power to make an order under subsection (1) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
The power to make an order under subsection (1) above shall be without prejudice to any power conferred by any other provision of this Act.
In this section—
Any direction given under this Act shall be in writing.
Any power conferred by this Act to give a direction shall include power to vary or revoke the direction.
Subsections (4) and (5) apply to any direction which is—
given to—
the Agency or SEPA under any provision of this Act or any other enactment, or
any other body or person under any provision of this Act, and
to any extent given—
before IP completion day, for the implementation of any obligation of the United Kingdom under the EU Treaties, or
for securing that any assimilated obligation is met.
A direction to which this subsection applies shall not be varied or revoked unless, notwithstanding the variation or revocation, any relevant assimilated obligation continues to be met, whether by directions or any other instrument or by any enactment.
Any variation or revocation of a direction to which this subsection applies shall be published in such manner as the Minister giving it considers appropriate for the purpose of bringing the matters to which it relates to the attention of persons likely to be affected by them; and—
copies of the variation or revocation shall be made available to the public; and
notice of the variation or revocation, and of where a copy of the variation or revocation may be obtained, shall be given—
if the direction has effect in England and Wales, in the London Gazette;
if the direction has effect in Scotland, in the Edinburgh Gazette.
In this section, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
Without prejudice to paragraph 17(2)(d) of Schedule 7 to this Act, any notice required or authorised by or under this Act to be served (whether the expression “serve” or the expression “give” or “send” or any other expression is used) on any person may be served by delivering it to him, or by leaving it at his proper address, or by sending it by post to him at that address.
Any such notice may—
in the case of a body corporate, be served on the secretary or clerk of that body;
in the case of a partnership, be served on a partner or a person having the control or management of the partnership business.
For the purposes of this section and of section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this section, the proper address of any person on whom any such notice is to be served shall be his last known address, except that— and for the purposes of this subsection the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom shall be their principal office within the United Kingdom.
in the case of a body corporate or their secretary or clerk, it shall be the address of the registered or principal office of that body;
in the case of a partnership or person having the control or the management of the partnership business, it shall be the principal office of the partnership;
If the person to be served with any such notice has specified an address in the United Kingdom other than his proper address within the meaning of subsection (3) above as the one at which he or someone on his behalf will accept notices of the same description as that notice, that address shall also be treated for the purposes of this section and section 7 of the Interpretation Act 1978 as his proper address.
Where under any provision of this Act any notice is required to be served on a person who is, or appears to be, in occupation of any premises then— that notice may be served either by leaving it in the hands of a person who is or appears to be resident or employed on the premises or by leaving it conspicuously affixed to some building or object on the premises.
if the name or address of such a person cannot after reasonable inquiry be ascertained, or
if the premises appear to be or are unoccupied,
This section shall not apply to any notice in relation to the service of which provision is made by rules of court.
The preceding provisions of this section shall apply to the service of a document as they apply to the service of a notice.
In this section—
In this Act, except in so far as the context otherwise requires—
The amendment by this Act of any provision contained in subordinate legislation shall not be taken to have prejudiced any power to make further subordinate legislation amending or revoking that provision.
In subsection (2) above, “subordinate legislation” has the same meaning as in the Interpretation Act 1978.
This Act may be cited as the Environment Act 1995.
Part III of this Act, except for section 78, paragraph 7(2) of Schedule 7 and Schedule 10, shall come into force at the end of the period of two months beginning with the day on which this Act is passed.
Except as provided in subsection (2) above and except for this section, section 74 above and paragraphs 76(8)(a) and 135 of Schedule 22 to this Act (which come into force on the passing of this Act) and the repeal of sub-paragraph (1) of paragraph 22 of Schedule 10 to this Act (which comes into force in accordance with sub-paragraph (7) of that paragraph) this Act shall come into force on such day as the Secretary of State may specify by order made by statutory instrument; and different days may be so specified for different provisions or for different purposes of the same provision.
Without prejudice to the provisions of Schedule 23 to this Act, an order under subsection (3) above may make such transitional provisions and savings as appear to the Secretary of State necessary or expedient in connection with any provision brought into force by the order.
The power conferred by subsection (4) above includes power to modify any enactment contained in this or any other Act.
An Order in Council under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which states that it is made only for purposes corresponding to those of section 98 of this Act—
shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Except for this section and any amendment or repeal by this Act of any provision contained in— this Act shall not extend to Northern Ireland.
the Parliamentary Commissioner Act 1967,
the Sea Fish (Conservation) Act 1967,
the House of Commons Disqualification Act 1975, or
the Northern Ireland Assembly Disqualification Act 1975,
Part III of this Act, and Schedule 24 to this Act so far as relating to that Part, extends to England and Wales only.
Section 106 of, and Schedule 16 to, this Act extend to Scotland only.
Subject to the foregoing provisions of this section and to any express provision made by this Act to the contrary, any amendment, repeal or revocation made by this Act shall have the same extent as the enactment or instrument to which it relates.
Section 1.
Subject to the following provisions of this paragraph, a member shall hold and vacate office in accordance with the terms of his appointment and shall, on ceasing to be a member, be eligible for re-appointment. A member may at any time resign his office by giving notice to the appropriate Minister. The appropriate Minister may remove a member from that office if he is satisfied—
The chairman or deputy chairman of the Agency shall hold office as such unless and until— and shall, on ceasing to be the chairman or deputy chairman, be eligible for further designation as such in accordance with section 1(3) of this Act at any time when he is a member.
he resigns that office by giving notice to the Secretary of State, or
he ceases to be a member,
The Agency shall pay to its members such remuneration, and such travelling and other allowances, as may be determined by the appropriate Minister. The Agency shall, if so required by the appropriate Minister,— If, when any member ceases to hold office, the appropriate Minister determines that there are special circumstances which make it right that that member should receive compensation, the Agency shall pay to him a sum by way of compensation of such amount as may be so determined.
The Agency may appoint such officers and employees as it may determine. No member or other person shall be appointed by the Agency to act as chief executive of the Agency unless the Secretary of State has consented to the appointment of that person. The Agency may— Any reference in sub-paragraph (3) above to pensions, allowances or gratuities to or in respect of any such persons as are mentioned in that sub-paragraph includes a reference to pensions, allowances or gratuities by way of compensation to or in respect of any of the Agency’s officers or employees who suffer loss of office or employment or loss or diminution of emoluments.
Subject to the following provisions of this Schedule and to section 106 of the 1991 Act (obligation to carry out flood defence functions through committees), the Agency may regulate its own procedure (including quorum).
Subject to section 106 of the 1991 Act, anything authorised or required by or under any enactment to be done by the Agency may be done—
by any member, officer or employee of the Agency who has been authorised for the purpose, whether generally or specially, by the Agency; or
by any committee or sub-committee of the Agency which has been so authorised.
A member who is in any way directly or indirectly interested in any matter that is brought up for consideration at a meeting of the Agency shall disclose the nature of his interest to the meeting; and, where such a disclosure is made— For the purposes of sub-paragraph (1) above, a general notification given at a meeting of the Agency by a member to the effect that he— shall be regarded as a sufficient disclosure of his interest in relation to any such matter. A member need not attend in person at a meeting of the Agency in order to make a disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure is made by a notice which is read and considered at the meeting. The Secretary of State may, subject to such conditions as he considers appropriate, remove any disability imposed by virtue of this paragraph in any case where the number of members of the Agency disabled by virtue of this paragraph at any one time would be so great a proportion of the whole as to impede the transaction of business. The power of the Secretary of State under sub-paragraph (4) above includes power to remove, either indefinitely or for any period, a disability which would otherwise attach to any member, or members of any description, by reason of such interests, and in respect of such matters, as may be specified or described by the Secretary of State. Nothing in this paragraph precludes any member from taking part in the consideration or discussion of, or voting on, any question whether an application should be made to the Secretary of State for the exercise of the power conferred by sub-paragraph (4) above. Any reference in this paragraph to a meeting of the Agency includes a reference to a meeting of any committee or sub-committee of the Agency.
The validity of any proceedings of the Agency shall not be affected by a vacancy amongst the members or by a defect in the appointment of a member.
Minutes shall be kept of proceedings of the Agency, of its committees and of its sub-committees. Minutes of any such proceedings shall be evidence of those proceedings if they are signed by a person purporting to have acted as chairman of the proceedings to which the minutes relate or of any subsequent proceedings in the course of which the minutes were approved as a correct record. Where minutes of any such proceedings have been signed as mentioned in sub-paragraph (2) above, those proceedings shall, unless the contrary is shown, be deemed to have been validly convened and constituted.
The application of the seal of the Agency shall be authenticated by the signature of any member, officer or employee of the Agency who has been authorised for the purpose, whether generally or specially, by the Agency. In this paragraph the reference to the signature of a person includes a reference to a facsimile of a signature by whatever process reproduced; and, in paragraph 11 below, the word “signed” shall be construed accordingly.
Any document which the Agency is authorised or required by or under any enactment to serve, make or issue may be signed on behalf of the Agency by any member, officer or employee of the Agency who has been authorised for the purpose, whether generally or specially, by the Agency. Every document purporting to be an instrument made or issued by or on behalf of the Agency and to be duly executed under the seal of the Agency, or to be signed or executed by a person authorised by the Agency for the purpose, shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown. Any notice which is required or authorised, by or under any provision of any other Act, to be given, served or issued by, to or on the Agency shall be in writing.
In this Schedule—
Sections 3 and 22.
In this Schedule—
The property, rights and liabilities which are transferred by, or may be transferred by transfer scheme under, section 3 or 22 of this Act include— The transfers authorised by paragraph (a) of sub-paragraph (1) above include transfers which, by virtue of that paragraph, are to take effect as if there were no such contravention, liability or interference with any interest or right as there would be, in the case of a transfer or assignment otherwise than by or under section 3 or 22 of this Act, by reason of any provision having effect (whether under any enactment or agreement or otherwise) in relation to the terms on which the transferor is entitled or subject to the property, right or liability in question. This paragraph is subject to paragraph 3 below.
The rights and liabilities that may be transferred by and in accordance with a transfer scheme include (subject to the following provisions of this paragraph) any rights or liabilities of the employer under the contract of employment of any person— and in the following provisions of this paragraph any reference to a “qualifying employee” is a reference to such a person. A transfer scheme which provides for the transfer of rights or liabilities under the contracts of employment of qualifying employees must identify those employees— A transfer scheme shall not operate to transfer rights or liabilities under so much of a contract of employment as relates to an occupational pension scheme, other than any provisions of such a pension scheme which do not relate to benefits for old age, invalidity or survivors. Where a transfer scheme provides for the transfer of rights or liabilities under the contract of employment of a qualifying employee— except in a case where objection is made by the qualifying employee as mentioned in sub-paragraph (8)(b) below. Sub-paragraphs (6) and (7) below shall have effect in any case where rights or liabilities under the contract of employment of a qualifying employee are transferred by and in accordance with a transfer scheme. In a case falling within sub-paragraph (5) above— In a case falling within sub-paragraph (5) above, for the purposes of Chapter I of Part XIV of the Employment Rights Act 1996 (ascertainment of the length of an employee’s period of employment and whether that employment is continuous)— Sub-paragraph (9) below shall have effect in any case where— In a case falling within sub-paragraph (8) above— In this paragraph— This paragraph shall apply in relation to any qualifying employee as if, as respects any time before the transfer date,—
A transfer scheme may define the property, rights and liabilities to be transferred by the scheme—
by specifying or describing the property, rights and liabilities in question;
by referring to all (or all but so much as may be excepted) of the property, rights and liabilities comprised in a specified part of the undertaking of the transferor; or
partly in the one way and partly in the other.
For the purpose of making any division of property, rights or liabilities which it is considered appropriate to make in connection with the transfer of property, rights and liabilities by and in accordance with a transfer scheme, any such scheme may— and references in the other provisions of Part I of this Act to the transfer of property, rights or liabilities (so far as relating to transfers by and in accordance with transfer schemes) shall accordingly be construed as including references to the creation of any interest, right or liability by virtue of paragraph (a), (b) or (c) above or the making of provision by virtue of paragraph (d) above. The provision that may be made by virtue of paragraph (c) of sub-paragraph (1) above includes—
A transfer scheme may make such incidental, supplemental and consequential provision— Without prejudice to the generality of sub-paragraph (1) above, a transfer scheme may provide—
If at any time after a transfer scheme has come into force the Secretary of State considers it appropriate to do so, he may by order provide that the scheme shall for all purposes be deemed to have come into force with such modifications as may be specified in the order. An order under sub-paragraph (1) above— The Secretary of State shall not make an order under sub-paragraph (1) above except after consultation with— The power to make an order under sub-paragraph (1) above shall be exercisable by statutory instrument; and a statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.
It shall be the duty of each of the following, that is to say— to provide the Secretary of State or the Agency with such information or assistance as the Secretary of State or, as the case may be, the Agency may reasonably require for the purposes of, or in connection with, the exercise of any powers of the Secretary of State or the Agency in relation to transfer schemes. It shall be the duty of each of the following, that is to say— to provide the Secretary of State or SEPA with such information or assistance as the Secretary of State or, as the case may be, SEPA may reasonably require for the purposes of, or in connection with, the exercise of any powers of the Secretary of State or SEPA in relation to transfer schemes.
No consideration shall be provided in respect of the transfer of any property, rights or liabilities by or under section 3 or 22 of this Act; but—
a transfer scheme may contain provision for consideration to be provided by the relevant new Agency in respect of the creation of interests, rights or liabilities by means of the transfer scheme; and
any such provision shall be enforceable in the same way as if the interests, rights or liabilities had been created, and (if the case so requires) had been capable of being created, by agreement between the parties.
This paragraph applies in relation to— Where this paragraph applies in relation to a transfer, then, so far as may be necessary for the purposes of, or in connection with, the transfer—
Without prejudice to the generality of paragraph 10 above, a new Agency and any other person shall, as from the transfer date, have the same rights, powers and remedies (and, in particular, the same rights and powers as to the taking or resisting of legal proceedings or the making or resisting of applications to any authority) for ascertaining, perfecting or enforcing any right or liability transferred to that new Agency by or under this Act as that new Agency or that person would have had if that right or liability had at all times been a right or liability of that new Agency. Without prejudice to the generality of paragraph 10 above, any legal proceedings or applications to any authority pending immediately before the transfer date by or against a transferor, in so far as they relate to any property, right or liability transferred to the relevant new Agency by or under this Act or to any agreement relating to any such property, right or liability, shall be continued by or against the relevant new Agency to the exclusion of the transferor.
This paragraph applies in the case of any transfer by or under section 3 or 22 of this Act of any foreign property, rights or liabilities. It shall be the duty of the transferor and the relevant new Agency to take, as and when that new Agency considers it appropriate, all such steps as may be requisite to secure that the vesting in that new Agency by, or by transfer scheme under, section 3 or 22 of this Act of any foreign property, right or liability is effective under the relevant foreign law. Until the vesting in the relevant new Agency by, or by transfer scheme under, section 3 or 22 of this Act of any foreign property, right or liability is effective under the relevant foreign law, it shall be the duty of the transferor to hold that property or right for the benefit of, or to discharge that liability on behalf of, the relevant new Agency. Nothing in sub-paragraphs (2) and (3) above shall be taken as prejudicing the effect under the law of any part of the United Kingdom of the vesting in the relevant new Agency by, or by transfer scheme under, section 3 or 22 of this Act of any foreign property, right or liability. The transferor shall have all such powers as may be requisite for the performance of his duty under this paragraph, but it shall be the duty of the relevant new Agency to act on behalf of the transferor (so far as possible) in performing the duty imposed on the transferor by this paragraph. References in this paragraph to any foreign property, right or liability are references to any property, right or liability as respects which any issue arising in any proceedings would have been determined (in accordance with the rules of private international law) by reference to the law of a country or territory outside the United Kingdom. Duties imposed on the transferor or the relevant new Agency by this paragraph shall be enforceable in the same way as if the duties were imposed by a contract between the transferor and that new Agency. Any expenses reasonably incurred by the transferor under this paragraph shall be met by the relevant new Agency.
Section 12.
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any vacancy amongst the members;
any defect in the appointment of a member; or
any temporary breach of the terms of the approved membership scheme for the advisory committee.
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Section 14.
The relevant Minister may by order made by statutory instrument— Where an order under this Schedule makes provision by reference to anything shown on a main river map, that map shall be conclusive evidence for the purposes of the order of what is shown on the map. The power to make an order under this Schedule shall include power to make such supplemental, consequential and transitional provision as the relevant Minister considers appropriate. In the case of an order under this Schedule amalgamating the areas of any two or more regional flood defence committees or otherwise establishing a new regional flood defence committee, the provision made by virtue of sub-paragraph (3) above may include provision determining— and subsections (7) and (8) of section 16 of this Act shall apply in relation to so much of an order under this Schedule as is made by virtue of this sub-paragraph as they apply in relation to an order under subsection (5) of that section. In this paragraph and the following paragraphs of this Schedule “the relevant Minister” — In this paragraph—
establish a new regional flood defence committee for such area as may be specified in the order (other than by providing for the amalgamation of the area of any two or more such committees); or
abolish a regional flood defence committee.
Before making an order under this Schedule, the relevant Minister shall— A notice for the purposes of sub-paragraph (1)(c) above with respect to a draft order shall— The relevant Minister shall also cause copies of the notice and of the draft order to be served on every person carrying out functions under any enactment who appears to him to be concerned.
Before making an order under this Schedule, the relevant Minister— Where notice of a draft order has been published and given in accordance with paragraph 2 above and any representations or objections considered under sub-paragraph (1) above, the relevant Minister may make the order either in the terms of the draft or in those terms as modified in such manner as he thinks fit, or may decide not to make the order. The relevant Minister shall not make a modification of a draft order in so far as the modification is such as to include in the area of any regional flood defence committee any tidal waters which, if the order had been made in the form of the draft, would have been outside the area of every regional flood defence committee.
Where the relevant Minister makes an order under this Schedule, he shall serve notice of the making of the order on every person (if any) who— Where a notice is required to be served under sub-paragraph (1) above with respect to any order, the order shall not have effect before the end of a period of twenty-eight days from the date of service of the last notice served under that sub-paragraph. If before an order takes effect under sub-paragraph (2) above— the order shall be subject to special parliamentary procedure. A statutory instrument containing an order under this Schedule which is not subject to special parliamentary procedure under sub-paragraph (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Subject to sub-paragraph (2) below, after making an order under this Schedule, the relevant Minister shall publish in the London Gazette, and in such other manner as he considers appropriate for bringing the order to the attention of persons likely to be affected by it, a notice— In the case of an order to which sub-paragraph (2) of paragraph 4 above applies, the notice—
Subject to sub-paragraph (3) below, if any person desires to question the validity of an order under this Schedule on the ground— he may, within six weeks after the date of the first publication of the notice required by paragraph 5 above, make an application for the purpose to the High Court. On an application under this paragraph the High Court, if satisfied— may quash the order either generally or in so far as it affects the applicant. Sub-paragraph (1) above— Except as provided by this paragraph the validity of an order under this Schedule shall not, either before or after the order has been made, be questioned in any legal proceedings whatsoever.
Section 19.
Members of a flood defence committee (that is to say a regional flood defence committee or a local flood defence committee), other than those appointed by or on behalf of one or more constituent councils, shall hold and vacate office in accordance with the terms of their appointment. The first members of a local flood defence committee appointed by or on behalf of any one or more constituent councils— Any members of a flood defence committee appointed by or on behalf of any one or more constituent councils who are not members to whom sub-paragraph (2) above applies— If for any reason any such member as is mentioned in sub-paragraph (3) above is appointed on or after the day on which he ought to have come into office, he shall— References in this paragraph and the following provisions of this Schedule to a member of a flood defence committee include references to the chairman of such a committee.
Members of a flood defence committee appointed by or on behalf of any one or more constituent councils may be members of that council, or one of those councils, or other persons. Any member of a flood defence committee appointed by or on behalf of a constituent council who at the time of his appointment was a member of that council shall, if he ceases to be a member of that council, also cease to be a member of the committee with whichever is the earlier of the following— For the purposes of sub-paragraph (2) above a member of a council shall not be deemed to have ceased to be a member of the council by reason of retirement if he has been re-elected a member of the council not later than the date of his retirement.
Subject to the following provisions of this paragraph, a person shall be disqualified for appointment as a member of a flood defence committee if he— Where a person is disqualified under sub-paragraph (1) above by reason of having been adjudged bankrupt, the disqualification shall cease— Where a person is disqualified under sub-paragraph (1) above by reason of having had his estate sequestrated, the disqualification shall cease— Where a person is disqualified under sub-paragraph (1) above by reason of his having made a composition or arrangement with, or having granted a trust deed for, his creditors, the disqualification shall cease— For the purposes of sub-paragraph (1)(c) above the date of the conviction shall be taken to be— Section 92 of the Local Government Act 1972 (proceedings for disqualification) shall apply in relation to disqualification under this paragraph for appointment as a member of a flood defence committee as it applies in relation to disqualification for acting as a member of a local authority.
The office of a member of a flood defence committee shall become vacant upon the fulfilment of any of the following conditions, that is to say— For the purposes of sub-paragraph (1)(d) above, the attendance of a member of a flood defence committee— shall be treated as attendance at a meeting of the committee.
The chairman of a regional flood defence committee may resign his office at any time by giving notice to the chairman of the Agency and to one of the Ministers. Any other member of such a committee may resign his office at any time by giving notice to the chairman of the committee and also, if he was appointed by one of the Ministers, to that Minister.
The chairman of a local flood defence committee may resign his office at any time by giving notice to the chairman of the regional flood defence committee. Any other member of a local flood defence committee may resign his office at any time by giving notice to the chairman of that local flood defence committee.
Where, for any reason whatsoever, the office of a member of a flood defence committee becomes vacant before the end of his term of office, the vacancy— A person appointed by virtue of sub-paragraph (1) above to fill a casual vacancy shall hold office for so long only as the former member would have held office.
Subject to the provisions of this Schedule, a member of a flood defence committee shall be eligible for reappointment.
Subject to the following provisions of this paragraph, a person nominated by one or more constituent councils may act as deputy for a member of a flood defence committee appointed by or on behalf of that council or those councils and may, accordingly, attend and vote at a meeting of the committee, instead of that member. A person nominated under sub-paragraph (1) above as deputy for a member of a flood defence committee may, by virtue of that nomination, attend and vote at a meeting of a sub-committee of that committee which— A person acting as deputy for a member of a flood defence committee shall be treated for the purposes for which he is nominated as a member of that committee. A person shall not act as deputy for a member of a flood defence committee unless his nomination has been notified to such officer of the Agency as is appointed to receive such nominations. A nomination under this paragraph shall be in writing and may apply either to a particular meeting or to all meetings during a stated period or until the nomination is revoked. A person shall not act as deputy for more than one member of a flood defence committee. Nothing in this paragraph shall entitle a person to attend and vote at a meeting of a local flood defence committee by reason of his nomination as deputy for a member of a regional flood defence committee.
The Agency shall pay to any person who is a chairman of a flood defence committee such remuneration and allowances as may be determined by the relevant Minister. If the relevant Minister so determines in the case of any person who is or has been chairman of a flood defence committee, the Agency shall pay or make arrangements for the payment of a pension in relation to that person in accordance with the determination. If a person ceases to be chairman of a flood defence committee and it appears to the relevant Minister that there are special circumstances which make it right that that person should receive compensation in respect of his ceasing to be chairman, the relevant Minister may require the Agency to pay to that person a sum of such amount as that Minister may determine. The Agency may pay to any person who is a member of a flood defence committee such allowances as may be determined by the relevant Minister. In this paragraph—
For the purpose of carrying out any functions in pursuance of arrangements under paragraph 12 below— The number of members of any sub-committee and their terms of office shall be fixed by the appointing committee or committees or, in the case of an under sub-committee, by the appointing sub-committee. A sub-committee appointed under this paragraph may include persons who are not members of the appointing committee or committees or, in the case of an under sub-committee, the committee or committees of whom they are an under sub-committee; but at least two thirds of the members appointed to any such sub-committee shall be members of that committee or those committees, as the case may be. A person who is disqualified for being a member of a flood defence committee shall be disqualified also for being a member of a sub-committee or under sub-committee appointed under this paragraph.
Subject to section 106 of the 1991 Act and to any other express provision contained in any enactment, a flood defence committee may arrange for the carrying out of any of their functions— and two or more regional or two or more local flood defence committees may arrange to carry out any of their functions jointly or may arrange for the carrying out of any of their functions by a joint sub-committee of theirs. Where by virtue of this paragraph any functions of a flood defence committee or of two or more such committees may be carried out by a sub-committee, then, unless the committee or committees otherwise direct, the sub-committee may arrange for the carrying out of any of those functions by an under sub-committee or by an officer of the Agency. Where by virtue of this paragraph any functions of a flood defence committee or of two or more such committees may be carried out by an under sub-committee, then, unless the committee or committees or the sub-committee otherwise direct, the under sub-committee may arrange for the carrying out of any of those functions by an officer of the Agency. Any arrangements made by a flood defence committee under this paragraph for the carrying out of any function shall not prevent the committee from discharging their functions themselves. References in the preceding provisions of this paragraph to the carrying out of any functions of a flood defence committee include references to the doing of anything which is calculated to facilitate, or is conducive or incidental to, the carrying out of any of those functions. A regional flood defence committee shall not, under this paragraph, make arrangements for the carrying out in a local flood defence district of any functions which fall to be carried out there by the local flood defence committee.
A flood defence committee may, with the approval of the relevant Minister, make rules for regulating the proceedings of the committee. Nothing in section 6(4) of this Act or section 105 or 106 of the 1991 Act shall entitle the Agency to make any arrangements or give any directions for regulating the proceedings of any flood defence committee. In this paragraph “the relevant Minister” has the same meaning as in paragraph 10 above.
Subject to the following provisions of this paragraph, the provisions of sections 94 to 98 of the Local Government Act 1972 (pecuniary interests of members of local authorities) shall apply in relation to members of a flood defence committee as those provisions apply in relation to members of local authorities. In their application by virtue of this paragraph those provisions shall have effect in accordance with the following provisions— Subject to sub-paragraph (4) below, a member of a flood defence committee shall be disqualified, for so long as he remains such a member and for twelve months after he ceases to be such a member, for appointment to any paid office by the Agency or any regional flood defence committee. Sub-paragraph (3) above shall not disqualify any person for appointment to the office of chairman of a local flood defence committee.
Any notice or other document which a flood defence committee are required or authorised to give, make or issue by or under any enactment may be signed on behalf of the committee by any member of the committee or any officer of the Agency who is generally or specifically authorised for that purpose by a resolution of the committee. Any document purporting to bear the signature of a person expressed to be authorised as mentioned in sub-paragraph (1) above shall be deemed, unless the contrary is shown, to be duly given, made or issued by authority of the committee. In this paragraph “signature” includes a facsimile of a signature by whatever process reproduced.
A minute of the proceedings of a meeting of a flood defence committee, purporting to be signed at that or the next ensuing meeting by— shall be evidence of the proceedings and shall be received in evidence without further proof. Where a minute has been signed as mentioned in sub-paragraph (1) above in respect of a meeting of a committee or sub-committee, then, unless the contrary is shown— The validity of any proceedings of a flood defence committee shall not be affected by any vacancy among the members of the committee or by any defect in the appointment of such a member.
Section 20.
SEPA shall be a body corporate with a common seal.
Subject to section 38 of this Act, SEPA shall not— and its property shall not be regarded as property of, or held on behalf of, the Crown.
be regarded as a servant or agent of the Crown;
have any status, immunity or privilege of the Crown;
by virtue of its connection with the Crown, be exempt from any tax, duty, rate, levy or other charge whatsoever whether general or local,
SEPA shall consist of not less than eight, nor more than twelve, members appointed by the Secretary of State.
In making appointments under paragraph 3 above, the Secretary of State shall have regard to the desirability of appointing persons who have knowledge or experience in some matter relevant to the functions of SEPA.
Subject to paragraphs 7 and 8 below, each member—
shall hold and vacate office in accordance with the terms of his appointment;
may, by giving notice to the Secretary of State, resign his office; and
after ceasing to hold office shall be eligible for reappointment as a member.
The Secretary of State may, by order made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament, amend paragraph 3 above so as to substitute for the numbers for the time being specified as, respectively, the minimum and maximum membership such other numbers as he thinks fit.
The Secretary of State may remove a member from office if he is satisfied that the member—
has been absent from meetings of SEPA for a period longer than three months without the permission of SEPA; or
has been made bankrupt, has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him, has made an arrangement with his creditors, has had his estate sequestrated or has granted a trust deed for his creditors or a composition contract; or
is unable or unfit to carry out the functions of a member.
The Secretary of State shall appoint one of the members of SEPA to be chairman and another of those members to be deputy chairman. The chairman and deputy chairman shall hold and vacate office in terms of their appointments. A member who is chairman or deputy chairman may resign his office by giving notice to the Secretary of State; but if the chairman or deputy chairman ceases to be a member (whether or not on giving notice under paragraph 5(b) above) he shall cease to be chairman or, as the case may be, deputy chairman. A person who ceases to be chairman or deputy chairman shall be eligible for reappointment as such under sub-paragraph (1) above at any time when he is a member.
SEPA shall— as the Secretary of State may determine. If a person ceases to be a member, and it appears to the Secretary of State that there are special circumstances which make it right that he should receive compensation, the Secretary of State may require SEPA to pay to that person a sum of such amount as the Secretary of State may determine.
There shall be a chief officer of SEPA. The Secretary of State shall, after consultation with the chairman or person designated to be chairman (if there is a person holding or designated to hold that office), make the first appointment of chief officer on such terms and conditions as he may determine; and thereafter SEPA may, with the approval of the Secretary of State, make subsequent appointments to that office on such terms and conditions as it may with such approval determine.
SEPA may appoint such other employees as it thinks fit.
SEPA shall, in the case of such of its employees or former employees as it may, with the approval of the Secretary of State, determine— as it may, with the approval of the Secretary of State, determine. References in sub-paragraph (1) above to pensions, allowances or gratuities in respect of employees of SEPA include references to pensions, allowances or gratuities by way of compensation to or in respect of any such employee who suffers loss of office or employment.
SEPA may regulate its own procedure and that of any committee established by it (including making provision in relation to the quorum for its meetings and the meetings of any such committee). The proceedings of SEPA and of any committee established by it shall not be invalidated by any vacancy amongst its members or the members of such committee or by any defect in the appointment of such member.
SEPA may appoint persons who are not members of it to be members of any committee established by it, but at least one member of any such committee shall be a member of SEPA. SEPA shall pay to a person so appointed such remuneration and allowances (if any) as the Secretary of State may determine. Any committee established by SEPA shall comply with any directions given to them by it.
Anything authorised or required by or under any enactment to be done by SEPA may be done by any of its committees which, or by any of its members or employees who, is authorised (generally or specifically) for the purpose by SEPA. Nothing in sub-paragraph (1) above shall prevent SEPA from doing anything that a committee, member or employee has been authorised or required to do. In sub-paragraph (1) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
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A member who is in any way directly or indirectly interested in any matter that is brought up for consideration at a meeting of SEPA shall disclose the nature of his interest to the meeting; and, where such a disclosure is made— For the purposes of sub-paragraph (1) above, a general notification given at a meeting of SEPA by a member to the effect that he— shall be regarded as a sufficient disclosure of his interest in relation to any such matter. A member need not attend in person at a meeting of SEPA in order to make a disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure is made by a notice which is read and considered at the meeting. The Secretary of State may, subject to such conditions as he considers appropriate, remove any disability imposed by virtue of this paragraph in any case where the number of members of SEPA disabled by virtue of this paragraph at any one time would be so great a proportion of the whole as to impede the transaction of business. The power of the Secretary of State under sub-paragraph (4) above includes power to remove, either indefinitely or for any period, a disability which would otherwise attach to any member, or members of any description, by reason of such interests, and in respect of such matters, as may be specified or described by the Secretary of State. Nothing in this paragraph precludes any member from taking part in the consideration or discussion of, or voting on, any question whether an application should be made to the Secretary of State for the exercise of the power conferred by sub-paragraph (4) above. In this paragraph—
Minutes shall be kept of proceedings of SEPA and of its committees. Minutes of any such proceedings shall be evidence of those proceedings if they are signed by a person purporting to have acted as chairman of the proceedings to which the minutes relate or of any subsequent proceedings in the course of which the minutes were approved as a correct record. Where minutes of any such proceedings have been signed as mentioned in sub-paragraph (2) above, those proceedings shall, unless the contrary is shown, be deemed to have been validly convened and constituted.
Section 63.
A National Park authority shall be a body corporate. A National Park authority shall consist of— and “specified” means specified in the relevant order. The total number of— must exceed the number of other members.
The local authority members of a National Park authority shall be appointed by such of the councils for the principal areas wholly or partly comprised in the relevant Park as may be specified in or determined under the relevant order. Each of the councils who are to appoint the local authority members of a National Park authority shall be entitled to appoint such number of those members as may be so specified or determined and to make any appointment required by reason of a vacancy arising in respect of a member appointed by that council. Before making any provision by the relevant order as to— the Secretary of State shall consult the council for every principal area the whole or any part of which is comprised in the relevant Park; and the Secretary of State may make provision for excluding the council for any such area from the councils by whom the local authority members of a National Park authority are to be appointed only at the request of that council. A person shall not be appointed as a local authority member of a National Park authority unless he is a member of a principal council the area of which is wholly or partly comprised in the relevant Park; and, in appointing local authority members of a National Park authority, a principal council shall have regard to the desirability of appointing members of the council who represent wards, or (in Wales) electoral wards, situated wholly or partly within the relevant Park. Subject to the following provisions of this Schedule, where a person who qualifies for his appointment by virtue of his membership of any council is appointed as a local authority member of a National Park authority— Sub-paragraph (5B) applies to a person who retires from being a member of a council by virtue of an election. Sub-paragraph (5)(a) does not terminate his office as member of a National Park authority until— but if he is re-elected he is eligible for re-appointment to the National Park authority. The appointment of any person as a local authority member of a National Park authority may provide that he is not to be treated for the purposes of sub-paragraph (5) above as qualifying for his appointment by virtue of his membership of any council other than that specified in the appointment. In paragraph 2(1) of Schedule 1 to the Local Government and Housing Act 1989 (bodies to which appointments have to be made taking account of political balance), after paragraph (b) there shall be inserted the following paragraph—.
The parish members of an English National Park authority shall be appointed by the Secretary of State. A person shall not be appointed as a parish member of an English National Park authority unless he is— Subject to the following provisions of this Schedule, where a person who qualifies for his appointment by virtue of his membership of a parish council is appointed as a parish member of an English National Park authority, he shall hold office from the time of his appointment until he ceases to be a member of that parish council. Sub-paragraph (4B) applies to a person who retires from being a member of a parish council by virtue of an election. Sub-paragraph (3) does not terminate his office as member of a National Park authority until— but if he is re-elected he is eligible for re-appointment to the National Park authority. Subject to the following provisions of this Schedule, where a person who qualifies for his appointment by virtue of his being the chairman of a parish meeting is appointed as a parish member of an English National Park authority, he shall hold office from the time of his appointment until he ceases to be the chairman of that parish meeting. Sub-paragraph (5B) applies to a person who retires from being chairman of a parish meeting by virtue of an election. Sub-paragraph (5) does not terminate his office as member of a National Park authority until— but if he is re-elected as chairman he is eligible for re-appointment to the National Park authority. Subject to the provisions of this Schedule, a parish member of an English National Park authority shall hold office in accordance with the terms of his appointment. In this paragraph, “English National Park authority” means a National Park authority for a National Park in England.
Before appointing any person as a member of a National Park authority the Secretary of State shall consult, according to whether the relevant Park is in England or in Wales, either Natural England or the Natural Resources Body for Wales. Subject to the following provisions of this Schedule, a person appointed as a member of a National Park authority by the Secretary of State— The term of office of a person appointed by the Secretary of State to fill such a vacancy in the membership of a National Park authority as occurs where a person appointed by the Secretary of State ceases to be a member of the authority before the end of his term of office may be for a period of less than one year if it is made to expire with the time when the term of office of the person in respect of whom the vacancy has arisen would have expired. Subject to the provisions of this Schedule, a member of a National Park authority appointed by the Secretary of State shall hold office in accordance with the terms of his appointment. This paragraph shall not apply to persons appointed as parish members of a National Park authority for a National Park in England or to their appointment as such members.
The members of a National Park authority shall elect, from amongst their members, both a chairman and a deputy chairman of the authority. Subject to sub-paragraphs (3) and (4) below, the chairman and deputy chairman of a National Park authority shall be elected for a period not exceeding one year; but a person so elected shall, on ceasing to hold office at the end of his term of office as chairman or deputy chairman, be eligible for re-election. A person shall cease to hold office as chairman or deputy chairman of a National Park authority if he ceases to be a member of the authority. Where a vacancy occurs in the office of chairman or deputy chairman of a National Park authority, it shall be the duty of the members of that authority to secure that that vacancy is filled as soon as possible.
The Secretary of State may, by giving a local authority member of a National Park authority such written notice of the termination of his appointment as the Secretary of State considers appropriate, remove that member from office; but he shall do so only where he considers it appropriate to remove that member from office in consequence of the provisions of any order for varying either the area of the relevant Park or the number of local authority members of that authority . The Secretary of State may remove from office any member of a National Park authority appointed by him, other than any parish member of a National Park authority for a National Park in England, either— The Secretary of State may remove from office any parish member of a National Park authority for a National Park in England either— but a parish member shall only be removed from office in the manner mentioned in paragraph (a) above where the Secretary of State considers it appropriate to do so in consequence of the provisions of any order for varying either the area of the relevant Park or the number of parish members of the National Park authority in question.
A person is disqualified for becoming or remaining a member of a National Park authority if he holds any paid office or employment appointments to which are or may be made or confirmed by— A person is also disqualified for becoming or remaining a member of a National Park authority if he holds any employment in a company which, in accordance with Part V of the Local Government and Housing Act 1989 other than section 73, is under the control of that authority. Section 92 of the 1972 Act (proceedings for disqualification) shall have effect in relation to a person who acts or claims to be entitled to act as a member of a National Park authority as it applies in relation to a person who acts or claims to be entitled to act as a member of a local authority, but as if— Sections 1 to 3A of the Local Government and Housing Act 1989 (disqualification of persons holding politically restricted posts) shall have effect as if a National Park authority were a local authority for the purposes of Part I of that Act. In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices), in the entry inserted by section 1(2) of that Act of 1989 (politically restricted post), after “that Part” there shall be inserted “ or a National Park authority ”.
Section 85 of the 1972 Act (failure to attend meetings) shall have effect in relation to a National Park authority as it has effect in relation to a local authority.
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .section 10 of that Act of 1989 (limit on paid leave for local authority duties) shall have effect as if a National Park authority were a relevant council for the purposes of that section.
The following provisions, that is to say— shall have effect as if a National Park authority were a local authority for the purposes of those provisions. In section 100J of the 1972 Act (bodies in addition to principal councils to which provisions as to access to meetings etc. apply)— Section 20 of the Local Government and Housing Act 1989 (power to require adoption of certain procedural standing orders) shall have effect as if a National Park authority were a relevant authority for the purposes of that section. The validity of any proceedings of a National Park authority shall not be affected by a vacancy amongst its members, by any defect in the appointment of a member of the authority or by the want of qualification, or the disqualification, of any such member.
Sections 101 to 106 of the 1972 Act (arrangements for committees and sub-committees) shall have effect as if a National Park authority were a local authority for the purposes of those sections. Accordingly, section 13 of the Local Government and Housing Act 1989 (voting rights of members of certain committees) shall have effect as if a National Park authority were a relevant authority for the purposes of that section. It shall be the duty of a National Park authority, in relation to any committee or sub-committee to which this sub-paragraph applies, to secure— Sub-paragraph (3) above applies in the case of any National Park authority to the following committees and sub-committees, except those appointed under section 102(4) or (4A) of the 1972 Act (advisory committees), that is to say— The proceedings of a committee or sub-committee to which sub-paragraph (3) above applies shall not be invalidated by any failure of a National Park authority to perform its duty under that sub-paragraph. The provisions of sections 112 to 119 and 151 of the 1972 Act (staff of local authorities) and of section 30 of the Local Government (Miscellaneous Provisions) Act 1976 (power to forgo repayment of remuneration) shall have effect as if a National Park authority were a local authority for the purposes of those provisions. The following provisions of the Local Government and Housing Act 1989 shall apply in relation to a National Park authority as they apply in relation to the authorities which are relevant authorities for the purposes of those provisions, that is to say— and section 7 of that Act (staff to be appointed on merit) shall apply to any appointment to paid office or employment under a National Park authority as it applies to an appointment to paid office or employment under a body which is a local authority for the purposes of Part I of that Act. Section 12 of that Act of 1989 (conflict of interest in staff negotiations) shall have effect as if references in that section to a local authority included references to a National Park authority.
Every National Park authority for a National Park shall secure that there is at all times an officer appointed by that authority to be responsible to the authority for the manner in which the carrying out of its different functions is co-ordinated. For the purposes of this paragraph a National Park authority may adopt— Before making or adopting an appointment under this paragraph or assigning additional responsibilities to a person holding such an appointment, a National Park authority shall consult, according to whether the Park in question is in England or in Wales, either Natural England or the Natural Resources Body for Wales. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A person who holds office with a National Park authority by virtue of an appointment made or adopted under this paragraph— An officer holding office with a National Park authority by virtue of an appointment made or adopted under this paragraph shall be known as a National Park officer.
Section 265 of the Public Health Act 1875 (personal liability of members and officers of certain authorities) shall have effect as if—
a National Park authority were an authority such as is mentioned in that section;
the references in that section to a member of the authority included, in relation to a National Park authority, references to any person who is not such a member but for the time being serves as a member of a committee or sub-committee of such an authority;
the references in that section to the purpose of executing that Act and to the purposes of that Act were each, in relation to a National Park authority, references to the purpose of carrying out the functions of that authority by virtue of Part III of this Act; and
the words “or rate” were omitted.
A National Park authority shall make arrangements— for the purpose of informing and consulting that council about the authority’s discharge of its functions.
in the case of a National Park in England, with each parish council the area of which is comprised wholly or partly within the Park, or
in the case of a National Park in Wales, with each community council the area of which is so comprised,
The Local Government (Records) Act 1962 shall have effect in relation to a National Park authority as if that authority were a local authority for the purposes of that Act. Subject to sub-paragraph (3) below, the following provisions of the 1972 Act, that is to say— shall have effect as if for the purposes of those provisions a National Park authority were a local authority or, in the case of section 224, a principal council. References in section 228 of the 1972 Act to a local government elector shall have effect for the purposes of that section as applied by sub-paragraph (2) above as if, in relation to a National Park authority, they were references to a local government elector for any principal area the whole or any part of which is comprised in the relevant Park. Section 41 of the Local Government (Miscellaneous Provisions) Act 1976 (evidence of resolutions and minutes of proceedings) shall have effect as if a National Park authority were a local authority for the purposes of that Act. Where a National Park authority in England has made any byelaws and those byelaws have been confirmed, that authority shall send a copy of the byelaws as confirmed to every council for a principal area the whole or any part of which is comprised in the relevant Park.
In section 25(1) of the Local Government Act 1974 (bodies subject to investigation under Part III of that Act), after paragraph (aa) there shall be inserted the following paragraph—. In section 26(7) of that Act (no investigation where complaint relates to all or most of the inhabitants of an area), before paragraph (a) there shall be inserted the following paragraph—. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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In this Schedule “the relevant order”, in relation to a National Park authority, means—
the order under section 63 of this Act establishing that authority;
any order under that section relating to that authority; or
any order made in relation to that authority in exercise of the power to amend an order under that section.
Section 65.
Subject to sub-paragraph (2) below, the following provisions, that is to say— shall have effect as if, for the purposes of those provisions, a National Park authority were a principal council and the relevant Park were the authority’s area. The reference in sub-paragraph (1) to section 123 of the 1972 Act is to be interpreted as a reference to that section as amended by section 2 of the Playing Fields (Community Involvement in Disposal Decisions) (Wales) Measure 2010 in so far as that sub-paragraph applies to a National Park authority for a National Park in Wales. The following provisions of the Local Government (Miscellaneous Provisions) Act 1976, that is to say— shall apply in relation to a National Park authority as if the authority were a local authority for the purposes of that Act. Section 33 of the Local Government (Miscellaneous Provisions) Act 1982 (enforceability by local authorities of certain covenants relating to land) shall have effect as if references to a principal council included references to a National Park authority and as if the relevant Park were that authority’s area; and for the purposes of this paragraph the reference in subsection (1) of that section to section 111 of the 1972 Act shall have effect as a reference to section 65 of this Act. This paragraph shall be without prejudice to any power conferred on a National Park authority by virtue of paragraph 2 below.
After section 244 of the Town and Country Planning Act 1990 (powers of joint planning boards) there shall be inserted the following section— Every such reference in that Act to the acquisition or appropriation of land for planning purposes as falls to be construed in accordance with section 246 of that Act shall be taken (so far as it would not otherwise do so) to include a reference to an acquisition or appropriation of land under any power conferred by virtue of sub-paragraph (1) above. The following provisions of that Act, that is to say— shall have effect as if a National Park authority were a local authority for the purposes of that Act. The reference to a local authority in section 66(2) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (which refers to the powers of a local authority under sections 232, 233 and 235(1) of the Town and Country Planning Act 1990) shall include a reference to a National Park authority.
The following provisions of the 1972 Act shall also have effect as if a National Park authority were a principal council for the purposes of that Act and as if the relevant Park were the authority’s area, that is to say— Sections 138A and 138B of the 1972 Act (powers in connection with belief-related observances) have effect as if a National Park authority were a local authority for the purposes of those sections. Section 38 of the Local Government (Miscellaneous Provisions) Act 1976 (use of spare capacity of local authority computers) shall have effect as if a National Park authority were a local authority for the purposes of that Act. Section 41 of the Local Government (Miscellaneous Provisions) Act 1982 (lost property) shall have effect as if a National Park authority were a local authority for the purposes of that Act. Section 45 of that Act of 1982 (arrangements under the Employment and Training Act 1973) shall have effect as if a National Park authority were a local authority to which that section applies.
Section 146 of the 1972 Act (transfer of securities on alteration of area) shall have effect as if a National Park authority were a local authority for the purposes of that Act and as if the reference in subsection (1)(b) of that section to an enactment similar to a provision of the 1972 Act included a reference to any provision of Part III of this Act.
The Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities) shall have effect as if a National Park authority were both a local authority and a public body for the purposes of that Act.
Any power to execute works which is conferred on a National Park authority by virtue of Part III of this Act or any other enactment shall be taken, except in so far as the contrary intention appears, to include power, for the purposes of the carrying out of the authority’s functions in relation to the relevant Park, to execute works of the relevant description outside, as well as inside, that Park.
Section 239 of the 1972 Act (power of local authority to promote local or personal Bills) shall have effect in relation to a National Park authority as if it were a local authority for the purposes of that Act and as if the relevant Park were the authority’s area. A National Park authority shall have no power by virtue of Part III of this Act to promote a Bill for— In sub-paragraph (2) above—
Part III of the Local Government, Planning and Land Act 1980 (direct labour organisations) shall have effect in relation to a National Park authority as if such an authority were a local authority for the purposes of that Part. In section 1(1) of the Local Government Act 1988 (defined authorities for the purposes of the provisions of that Act relating to competition), after paragraph (a) there shall be inserted the following paragraph—. In Schedule 2 to that Act of 1988 (bodies to which Part II of that Act applies), after the entry relating to the Broads Authority there shall be inserted— “ Any National Park authority ”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . References in sections 8 to 10 of the Local Government Act 1992 (competition) to any provisions of that Act of 1980 or of that Act of 1988 shall include references to those provisions as they have effect by virtue of this paragraph.
Part II of the Local Government Act 1986 (restrictions on publicity) shall have effect as if a National Park authority were a local authority for the purposes of that Part.
In section 67(3) of the Local Government and Housing Act 1989 (local authorities for the purposes of Part V of that Act), after paragraph (m) there shall be inserted the following paragraph—.
In section 152(2) of that Act of 1989 (provisions as to charges), after paragraph (j) there shall be inserted the following paragraph—and section 151 of that Act (power to amend existing provisions as to charges) shall have effect as if references to an existing provision included references to any such provision as applied by Part III of this Act.
Section 25 of the Local Government (Wales) Act 1994 (service agency agreements) shall have effect as if a National Park authority for any National Park in Wales were a new principal council for the purposes of that section.
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Section 70.
The enactments specified in sub-paragraph (2) below shall have effect in relation to any registered common which— as if the National Park authority were a local authority for the purposes of those enactments and as if the relevant Park were that authority’s area. The enactments mentioned in sub-paragraph (1) above are— In the Commons Act 1899 references to the council by which a scheme is made under section 1 of that Act shall be construed accordingly; and the powers conferred by sections 7 and 12 of that Act (acquisition of land and contributions to expenses) shall be exercisable by a National Park authority in relation to the relevant Park as they are exercisable by a district council in relation to their district. A National Park authority shall have the same power to make an application under section 18 of the Commons Act 1899 (modification of provisions for recreation grounds) as a local authority. References in this paragraph, in relation to an enactment specified in sub-paragraph (2) above or to any enactment contained in section 18 of the Commons Act 1899, to a local authority are references to any such local authority, within the meaning of the 1972 Act, as has functions conferred on it by or by virtue of that enactment. In this paragraph “registered common” means any land registered as common land or as a town or village green under Part 1 of the Commons Act 2006.
The Open Spaces Act 1906 shall have effect as if references in that Act to a local authority included references to a National Park authority.
Sections 21 and 22 of the National Parks and Access to the Countryside Act 1949 (establishment of nature reserves and application of enactments to local authority reserves) shall have effect as if the bodies on whom powers are conferred by section 21 of that Act included every National Park authority and as if the relevant Park were the authority’s area; and references in those sections to a local authority and to their area shall be construed accordingly.
In the Caravan Sites and Control of Development Act 1960— shall have effect as if a National Park authority were a local authority for the purposes of that Act and as if the relevant Park were that authority’s area.
section 24 (power to provide sites for caravans), and
paragraph 11 of Schedule 1 to that Act (no licence required for land occupied by a local authority),
In the Mobile Homes (Wales) Act 2013— shall have effect as if a National Park Authority were a local authority for the purposes of that Act and as if the relevant Park were that Authority's area.
section 56 (power of local authority to provide mobile home sites), and
paragraph 11 of Schedule 1 (no site licence required by land owned by local authority),
The Countryside Act 1968 shall have effect as if a National Park authority were a local authority for the purposes of— and the references to a local authority in sections 43 to 45 of that Act of 1968 (general provisions as to the powers of local authorities) shall have effect accordingly.
sections 6 to 8 of that Act (country parks);
section 9 of that Act (powers exercisable over or near common land); and
section 41 of that Act (byelaws) in so far as it has the effect in relation to— of conferring powers on a local authority or of applying provisions of section 92 of the National Parks and Access to the Countryside Act 1949 (wardens);
any country park provided under section 7 of that Act, or
any land as respects which any powers under section 9 of that Act have been exercised,
Sections 142 and 144 of the 1972 Act (provision of information about local services and encouragement of visitors) shall have effect (subject to paragraph 9 of Schedule 8 to this Act) as if a National Park authority were a local authority for the purposes of that Act and as if the relevant Park were the authority’s area.
The provisions of section 16 of the Welsh Development Agency Act 1975 and of section 1 of the Derelict Land Act 1982 (powers for the improvement of land) shall have effect in relation to land in a National Park for which a National Park authority is the local planning authority as if references in those provisions to a local authority included references to the National Park authority and as if the relevant Park were the authority’s area.
Section 19 of the Local Government (Miscellaneous Provisions) Act 1976 (recreational facilities) shall have effect as if the powers conferred by that section on local authorities were also conferred, so as to be exercisable within a National Park for which a National Park authority is the local planning authority, on that authority.
Subject to sub-paragraph (2) below, references to a local authority in the Refuse Disposal (Amenity) Act 1978 shall have effect in relation to land in a National Park for which a National Park authority is the local planning authority as if they included references to that authority and as if the relevant Park were the authority’s area. Sub-paragraph (1) above shall not apply, in relation to any time before the coming into force of the repeal of section 1 of that Act, to any reference in that section.
Subject to sub-paragraph (2) below, Parts I and II of the Ancient Monuments and Archaeological Areas Act 1979 shall have effect as if in relation— the references in those Parts to a local authority included references to that National Park authority. Section 35 of that Act (notice of operations affecting area of archaeological importance) shall have effect in relation to land in such a National Park as is mentioned in sub-paragraph (1) above as if— Section 45(2) and (3) of that Act (assistance for archaeological investigations) shall have effect as if a National Park authority were a local authority for the purposes of that Act and as if the relevant Park were the authority’s area.
The following provisions of the Highways Act 1980, that is to say— shall have effect as if references in those sections to a local authority or council included references to a National Park authority and as if the relevant Park were the authority’s area.
sections 25 to 29 (footpaths and bridleways),
section 72(2) (widening of public paths),
sections 118 to 121E (stopping up and diversion of public paths, etc.), except sections 118B and 119B (stopping up and diversion for purposes of crime prevention, etc.), and
Schedule 6 (procedure for orders),
The following provisions, that is to say— shall have effect as if a National Park authority were a litter authority for the purposes of those provisions, as if the relevant Park were the authority’s area and as if the reference in that section 4 to the authority’s area were a reference to any part of the relevant Park.
section 4 of the Litter Act 1983 (consultations and proposals for the abatement of litter), and
section 88 of the Environmental Protection Act 1990 (fixed penalty notices for leaving litter),
In the case of a building situated in a National Park for which a National Park authority is the local planning authority, that authority and no other authority shall be the appropriate authority for the purposes of sections 47 to 51 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (purchase of listed buildings etc in need of repair); and the reference to a local authority in section 88(5) of that Act (rights of entry) ... shall have effect accordingly. In relation to any building or land in any such National Park, the powers conferred on a county council or county borough council by section 52 of that Act of 1990 (power to acquire building and land by agreement) shall be exercisable by the National Park authority, and not (without prejudice to their powers apart from that section) by any other authority; and subsection (2) of that section shall have effect accordingly. Section 53(1) of that Act (management of listed buildings etc. acquired under the Act) shall apply in relation to the powers conferred by virtue of this paragraph on a National Park authority as it applies in relation to the powers conferred by sections 47 and 52 of that Act on a local authority. That Act shall have effect as if a National Park authority were a local authority for the purposes of— and, in relation to those provisions, as if the relevant Park were the authority’s area. In relation to the powers conferred on a National Park authority by virtue of this paragraph, section 88 of that Act (powers of entry) shall have effect as if references in that section to a local authority included references to a National Park authority. References to a local authority in section 90(1) to (4) of that Act (financial provisions) shall be deemed to include references to a National Park authority.
For the purposes of the Planning (Hazardous Substances) Act 1990, where a National Park authority is the local planning authority for any National Park, that authority, and no other authority, shall be the hazardous substances authority for land in the relevant Park. References to a local authority in sections 12 and 38(1) to (4) of that Act (government consent to local authority activities and financial provisions) shall be deemed to include references to a National Park authority.
Sections 294 to 297 of the Charities Act 2011 (local charities) shall have effect as if the references to a council for any area included references to a National Park authority and as if the relevant Park were the authority’s area.
The Local Government (Overseas Assistance) Act 1993 shall have effect as if a National Park authority were a local authority for the purposes of that Act.
Section 78.
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In section 6 of the National Parks and Access to the Countryside Act 1949 (general duties of Countryside Commission and the Countryside Council for Wales as respects the National Parks)— In section 7 of that Act— In section 9(1) of that Act (local planning authority to consult Countryside Commission or Countryside Council for Wales about proposals for a development plan affecting a National Park), for “the local planning authority” there shall be substituted “ the authority or authorities who are required to prepare the plan or, as the case may be, who are entitled to alter or add to it ”. In section 12(1) of that Act (provision in a National Park of facilities) for “provision in” there shall be substituted “ provision for ”. In subsection (4) of section 51 of that Act (consultation as to proposals for a long distance route)— and in subsection (5) of that section (report to contain estimates of capital outlay by local authorities), after “local authorities” there shall be inserted “ and National Park authorities ”. In section 52(2) of that Act (notice of determination as to any proposals on long distance routes)— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 114(2) of that Act (construction of references to the preservation of the natural beauty of an area) after the word “preservation”— In Schedule 1 to that Act (procedure for certain orders)—
In section 69(1) of the Landlord and Tenant Act 1954 (interpretation), in the definition of “local authority”, for the words from “has the same meaning” to “Broads Authority” there shall be substituted “ means any local authority within the meaning of the Town and Country Planning Act 1990, any National Park authority, the Broads Authority or ”.
Paragraph 55(2) of Schedule 16 to the 1972 Act (which relates to the operation of section 17 of the Land Compensation Act 1961 in a National Park) shall not apply in the case of a National Park for which a National Park authority is the local planning authority. “local planning authority” shall be construed in accordance with Part I of the Town and Country Planning Act 1990;
In section 11 of the Trustee Investments Act 1961 (local authority investment schemes), in subsection (4)(a), after “the Broads Authority” there shall be inserted “ a National Park authority ”.
In section 50(3) of the Agriculture Act 1967 (bodies transfers to whom are not subject to section 49), after paragraph (a) there shall be inserted the following paragraph—.
In section 28 of the Leasehold Reform Act 1967 (retention or resumption of land required for public purposes), in subsection (5), after paragraph (aa) there shall be inserted the following paragraph—.
In section 4(1) of the Countryside Act 1968 (experimental projects and schemes) after “local authorities” there shall be inserted “ National Park authorities ”. In section 12(1) of that Act (provision in National Park of facilities), for “provision in” there shall be substituted “ provision for ”. In section 13(12) of that Act (enforcement of byelaws), for “in the area of that other local authority” there shall be substituted “ for an area that includes any part of the National Park in question ”.
In section 3 of the Employers Liability (Compulsory Insurance) Act 1969 (employers exempted from insurance), in subsection (2), after “the Broads Authority” there shall be inserted “ a National Park authority ”.
In subsection (1)(a) of section 80 of the 1972 Act (disqualification for persons holding appointments made or confirmed by a local authority or connected authority), after “joint committee” there shall be inserted “ or National Park authority ”; and after subsection (2) of that section there shall be inserted the following subsections— In section 184 of the 1972 Act (functions under countryside legislation)— In subsection (3) of that section, for the words “sections 9 and 11” there shall be substituted the words “ section 9 ”.
In section 13(7) of the Employment Agencies Act 1973 (cases in which Act does not apply), after paragraph (ff) there shall be inserted the following paragraph —.
In section 28 of the Health and Safety at Work etc. Act 1974 (restrictions on disclosure of information), for subsection (10) there shall be substituted the following subsection—
In section 1(14) of the Welsh Development Agency Act 1975 (consultation by Agency with local authorities and other bodies), after “local authorities” there shall be inserted “ National Park authorities ”. In subsections (1) and (2) of section 5 of that Act (assistance to the Agency from other bodies), after “local authority”, in each case, there shall be inserted “ a National Park authority ”. In section 15(1) of that Act (which refers to consultation under section 1(14)), after “local authorities” there shall be inserted “ National Park authorities ”.
In sections 1 and 2 of the Local Land Charges Act 1975 (obligations that are and are not local land charges), after the words “local authority”, in each place where they occur, there shall be inserted “ or National Park authority ”.
In section 19A of the Race Relations Act 1976 (discrimination in planning), in subsection (2)(a) (definition of “planning authority”), after “the Broads Authority” there shall be inserted “ a National Park authority or ”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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In section 5(3) of the Rent (Agriculture) Act 1976 (no statutory tenancy where landlord’s interest belongs to Crown or local authority etc.), after paragraph (bc) there shall be inserted the following paragraph—.
In section 14 of the Rent Act 1977 (exemption from protection for lettings by local authorities etc.), after paragraph (bb) there shall be inserted the following paragraph—.
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In section 17(3) of the Acquisition of Land Act 1981 (special Parliamentary procedure not to apply to compulsory acquisition by certain bodies), after “subsection (4) below)” there shall be inserted “ , a National Park authority ”. In paragraph 4(3) of Schedule 3 to that Act (which makes similar provision in relation to the acquisition of rights), after “sub-paragraph (4) below)” there shall be inserted “ , a National Park authority ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 41(5A) of that Act (duties of agriculture Ministers with respect to the countryside to have effect in relation to the Broads as if the Broads were a National Park), at the end there shall be inserted “ (and, as respects land within the Broads, any reference in this section to the relevant authority is accordingly a reference to the Broads Authority). ” In section 42 of that Act (notification of agricultural operations on moor and heath), for the words “local planning authority”, wherever they occur, there shall be substituted “ National Park authority ”. In section 44 of that Act (grants and loans for National Parks purposes)— In section 51(2)(c) of that Act (definition of “relevant authority” in relation to the exercise of powers of entry for the purposes of section 42), for “local planning authority” there shall be substituted “ National Park authority ”. In section 52(2) of that Act (construction of references to a local planning authority), after “except as respects” there shall be inserted “ a National Park for which a National Park authority is the local planning authority, ”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 60(3) of the County Courts Act 1984 (right of audience for proper officer of local authority in certain circumstances), after “the Broads Authority” there shall be inserted “ any National Park authority, ”.
In section 43 of the Housing Act 1985 (consent of the Secretary of State required for certain disposals by local authorities), after subsection (5) there shall be inserted the following subsection— In section 45(2)(b) of that Act (definition of “public sector authority” for the purposes of provisions relating to service charges after disposal), after “a local authority” there shall be inserted— “ a National Park authority ”. a National Park authority (or a predecessor of such an authority),
In sections 14(4) and 26(1) of, and in paragraph 9(1) of the Schedule to, the Landlord and Tenant Act 1985 (provisions excluding operation of certain provisions in the case of public sector housing), after “a local authority”, in each case, there shall be inserted— “ a National Park authority ”. In section 28(6) of that Act (meaning of “qualified accountant” in the case of public sector landlords), after “local authority” there shall be inserted “ National Park authority ”. In section 31(3) of that Act (reserve powers to limit rents), in the definition of “rent”, after “local authorities” there shall be inserted “ National Park authorities ”.
In section 58(1) of the Landlord and Tenant Act 1987 (exempt landlords), after paragraph (dd) there shall be inserted the following paragraph—.
In Schedule 3 to the Norfolk and Suffolk Broads Act 1988 (functions of the Broads authority), in paragraph 43, for the words from “as a local authority” onwards there shall be substituted “ for the purposes of the Derelict Land Act 1982 as a National Park authority and the Broads as a National Park for which it is the local planning authority ”.
In paragraph 12(2) of Schedule 1 to the Housing Act 1988 (meaning of “local authority” for the purposes of determining the tenancies to be treated as local authority tenancies), after paragraph (d) there shall be inserted the following paragraph—.
In section 144(2)(a)(i) of the Road Traffic Act 1988 (exemptions from requirement of third party insurance or security), after “London borough” there shall be inserted “ a National Park authority ”.
Paragraph 2(6) of Schedule 8 to the Electricity Act 1989 (definition of “relevant planning authority” for the purposes of consents under that Act) shall be amended in accordance with the following provisions of this paragraph. In this paragraph “the 1994 amendment” means the omission of the words “and Wales” in paragraph (a) of the said paragraph 2(6) by paragraph 22 of Schedule 6 to the Local Government (Wales) Act 1994. If the 1994 amendment comes into force after this paragraph, then— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The paragraph (aa) inserted by paragraph 22 of Schedule 6 to the Local Government (Wales) Act 1994 shall be re-numbered “(ab)”.
In section 21(1) of the Local Government and Housing Act 1989 (interpretation of Part I) the word “and” immediately preceding paragraph (m) shall be omitted and after that paragraph there shall be addedand . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 67(3) of that Act (local authorities for the purposes of Part V) the word “and” at the end of paragraph (o) shall be omitted and after that paragraph there shall be inserted—. In section 152(2) of that Act (relevant authorities for the purposes of imposing certain charges) the word “and” immediately preceding paragraph (l) shall be omitted and after that paragraph there shall be addedand In paragraph 2(1)(b) of Schedule 1 to that Act (bodies to which appointments are made taking account of political balance) for “paragraphs (k) and (m)” there shall be substituted “ paragraphs (k), (m) and (n) ”.
In paragraph (a) of section 1(5) of the Town and Country Planning Act 1990 (provisions to which subsections (1) to (4) are subject)— In section 2 of that Act (joint planning boards), before subsection (2) of that section there shall be inserted the following subsection— In section 4 of that Act (National Parks), after subsection (4) there shall be inserted the following subsection— In sections 90(1) and 101(2)(c) of that Act (development with government authorisation), after the words “local authority”, in each place where they occur, there shall be inserted “ or National Park authority ”. In sections 169 and 170(2)(b) of that Act (provisions in relation to blighted land), after “local authority” there shall be inserted “ National Park authority ”. In section 209(5) of that Act (regulations for charging expenses of a local authority which is a local planning authority on land), after “local authority” there shall be inserted “ or National Park authority ”. In section 252 of that Act (procedure for making certain orders)— In section 253(2)(a) of that Act (procedure in anticipation of planning permission)— In section 305(1)(a) of that Act (contribution by Ministers towards compensation paid by local authorities), after “local authority” there shall be inserted “ or National Park authority ”. In section 306 of that Act (contributions by local authorities and statutory undertakers), after subsection (5) there shall be inserted the following subsection— In section 330 of that Act (power to require information as to interests in land), after subsection (5) there shall be inserted the following subsection— In section 333(1) of that Act (regulations as to form of notice etc.), after “local authority” there shall be inserted “ or National Park authority ”. In section 336(1) of that Act (interpretation), in the definition of “local authority” after “subsection (10)” there shall be inserted “ below and section 71(7) of the Environment Act 1995 ”. In Schedule 1 to that Act (distribution of planning functions)— In paragraph 4(5)(b) of Schedule 8 to that Act (which refers to directions under section 90(1) of that Act), after “local authority” there shall be inserted “ National Park authority ”. In Schedule 13 to that Act (blighted land), in paragraph 1(a)(i), after “local authority” there shall be inserted “ National Park authority ”. In Schedule 14 to that Act (procedure for footpaths and bridleways orders)— So much of any provision of this paragraph as amends an enactment repealed by this Act shall cease to have effect with the coming into force of the repeal.
The Planning (Listed Buildings and Conservation Areas) Act 1990 shall be amended as follows. In section 32 (purchase notice), after subsection (4) there shall be inserted the following subsection— In subsection (3) of section 79 (definition of “local authority” for the purposes of town scheme agreements), after paragraph (c) there shall be inserted the following paragraph—. In section 93(1)(a) (regulations as to form of notice etc.), after “local authority” there shall be inserted “ or National Park authority ”. The reference to a local authority in sub-paragraph (3) above includes a reference to any National Park authority which is the local planning authority for any area. In paragraph 2 of Schedule 4 (provision as to exercise of functions by different authorities), after “4” there shall be inserted “ 4A ”. In paragraph 3 of Schedule 4— In paragraph 4 of Schedule 4—
The references to a National Park authority in the following provisions (which impose environmental duties), that is to say— shall have effect, until the coming into force of the repeal by this Act of the definition for the purposes of those provisions of the expression “National Park authority”, as if they included references to a National Park authority established under Part III of this Act which has become the local planning authority for the National Park in question; and thereafter those references shall have effect as if they were references to a National Park authority so established. The references to a National Park planning authority— shall have effect, until the coming into force of the repeal by this Act of subsection (5) of section 34 of that Act, as if they included references to a National Park authority established under Part III of this Act which has become the local planning authority for the National Park in question; and thereafter those references shall have effect as if they were references to a National Park authority so established.
In section 35 of the Local Government Finance Act 1992 (definition of “special items”) in subsection (5) (expenses of a billing authority not to be special expenses if they are expenses of meeting a levy from a National Park planning board) paragraphs (a) and (b) shall be omitted and at the end of that subsection there shall be added the wordsor
In section 1(10) of the Local Government (Overseas Assistance) Act 1993 (certain bodies on which powers are conferred by the Act), at the end there shall be added—
In section 6(1) of the Welsh Language Act 1993 (bodies which are public bodies for the purposes of the provisions of that Act about Welsh language schemes), after paragraph (c) there shall be inserted the following paragraph—.
In Schedule 6 to the Local Government (Wales) Act 1994 (minor and consequential amendments relating to planning) in paragraph 1, at the beginning of the subsection which that paragraph substitutes for subsection (1) of section 184 of the 1972 Act, there shall be inserted the words “ Subject to section 68 of the Environment Act 1995 (planning authority functions under National Parks legislation to be functions of National Park authorities in certain cases), ”. In paragraph 2 of that Schedule, for the words “paragraphs 3 to 14” there shall be substituted the words “ paragraphs 13 and 14 ”.
Section 90.
A local authority in carrying out its functions in relation to— shall consult such other persons as fall within sub-paragraph (2) below. Those persons are— A local authority specified in sub-paragraph (2B) below shall in carrying out the functions falling within sub-paragraph (1)(a) to (c) above also consult the Mayor of London. The local authorities mentioned in sub-paragraph (2A) above are— Except in its application to Scotland, in this paragraph “National Park authority”, . . ., means a National Park authority established under section 63 of this Act which has become the local planning authority for the National Park in question. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In the application of this paragraph to Scotland “National Park authority” means a National Park authority established by virtue of section 7(1)(b) of the National Parks (Scotland) Act 2000 (asp 10).
This paragraph applies in any case where a district in England for which there is a district council is comprised in an area for which there is a county council; and in this paragraph— It shall be the duty of the county council to provide a district council with all such information as is reasonably requested by the district council for purposes connected with the carrying out of its functions under or by virtue of this Part. It shall be the duty of a district council to provide the county council with all such information as is reasonably requested by the county council for purposes connected with the carrying out of any of its functions relating to the assessment or management of the quality of air. Information provided to a district council or county council under sub-paragraph (2) or (3) above shall be provided in such form and in such manner and at such times as the district council or, as the case may be, the county council may reasonably require. A council which provides information under sub-paragraph (2) or (3) above shall be entitled to recover the reasonable cost of doing so from the council which requested the information. The information which a council may be required to provide under this paragraph shall include information which, although it is not in the possession of the council or would not otherwise come into the possession of the council, is information which it is reasonable to require the council to obtain.
The appropriate authority may give directions to any two or more local authorities requiring them to exercise the powers conferred by— in relation to functions under or by virtue of this Part in accordance with the directions. The appropriate authority may give directions to a local authority requiring it— in relation to functions under or by virtue of this Part. Where two or more local authorities have exercised those powers in relation to functions under or by virtue of this Part, the appropriate authority may give them directions requiring them to revoke, or modify in accordance with the directions, the arrangements which they have made. In this paragraph, “the appropriate authority” means—
It shall be the duty of every local authority— The documents mentioned in sub-paragraph (1)(a) above are—
Without prejudice to the generality of paragraph (o) of subsection (2) of section 87 of this Act, regulations may, in particular, make provision— The provision that may be made by regulations prescribing fixed penalty offences includes provision for an offence to be a fixed penalty offence— Regulations may provide for any offence which is a fixed penalty offence to cease to be such an offence. An offence which, in consequence of regulations made by virtue of sub-paragraph (3) above, has ceased to be a fixed penalty offence shall be eligible to be prescribed as such an offence again. Regulations may make provision for such exceptions, limitations and conditions as the Secretary of State considers necessary or expedient. In this paragraph— In the definition of “fixed penalty offence” in sub-paragraph (6) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
Section 92.
Section 96.
In this Schedule— For the purposes of this Schedule, but subject to sub-paragraph (3) below, “ mineral site ” means— In determining whether it appears to them to be expedient to treat as a single site the aggregate of the land to which two or more relevant planning permissions relate a mineral planning authority shall have regard to any guidance issued for the purpose by the Secretary of State. Any reference (however expressed) in this Schedule to an old mining permission or a relevant planning permission relating to a mineral site is a reference to the mineral site, or some part of it, being the land to which the permission relates; and where any such permission authorises the carrying out of development consisting of the winning and working of minerals but only in respect of any particular mineral or minerals, that permission shall not be taken, for the purposes of this Schedule, as relating to any other mineral in, on or under the land to which the permission relates. For the purposes of this Schedule, a mineral site which is a Phase I site or a Phase II site is active if it is not a dormant site. For the purposes of this Schedule, working rights are restricted in respect of a mineral site if any of— is restricted or reduced in respect of the mineral site in question. For the purposes of this Schedule, where an application is made under paragraph 9 below for the determination of the conditions to which the relevant planning permissions relating to the mineral site to which the application relates are to be subject, those conditions are finally determined when— Where an electronic communication is used to make an application to a mineral planning authority under any of paragraphs 6, 7 or 9 below, the applicant shall be taken to have agreed— An applicant may give notice that he is no longer to be taken to have agreed to the use of electronic communications for the purposes mentioned in paragraph (a) of sub-paragraph (8). Any such notice shall take effect from the date specified in it being not less than seven days from the date on which it is given.
This paragraph has effect for the purposes of determining which mineral sites are Phase I sites, which are Phase II sites, and which are neither Phase I nor Phase II sites. A mineral site is neither a Phase I site nor a Phase II site where— With the exception of those mineral sites which, by virtue of sub-paragraph (2) above, are neither Phase I nor Phase II sites, every mineral site is either a Phase I site or a Phase II site. Subject to sub-paragraph (2) above, where any part of a mineral site is situated within— that site is a Phase I site. Subject to sub-paragraphs (2) and (4) above, where— the mineral site is a Phase II site. In sub-paragraph (5) above, “the relevant day in 1969” means— Every other mineral site, that is to say any mineral site other than one— is a Phase I site. In ascertaining, for the purposes of sub-paragraph (2) or (5) above, whether any parts of a mineral site constitute the greater part of that site, or whether a part of a mineral site is greater than any other part, that mineral site shall be treated as not including any part of the site— but no part of a site shall be treated, by virtue of paragraph (b) above, as being not included in the site unless the mineral planning authority are satisfied that any aftercare conditions which relate to that part have, so far as relating to that part, been complied with.
A mineral planning authority shall, in accordance with the following provisions of this paragraph, prepare a list of mineral sites in their area (“the first list”). A site shall, but shall only, be included in the first list if it is a mineral site in the area of the mineral planning authority and is either— In respect of each site included in the first list, the list shall indicate whether the site is an active Phase I site, an active Phase II site or a dormant site. In respect of each active Phase I site included in the first list, that list shall specify the date by which an application is to be made to the mineral planning authority under paragraph 9 below. Any date specified pursuant to sub-paragraph (4) above shall be a date— The preparation of the first list shall be completed before the day upon which it is first advertised in accordance with paragraph 5 below.
A mineral planning authority shall, in accordance with the following provisions of this paragraph, prepare a list of the active Phase II sites in their area (“the second list”). The second list shall include each mineral site in the mineral planning authority’s area which is an active Phase II site. In respect of each site included in the second list, that list shall indicate the date by which an application is to be made to the mineral planning authority under paragraph 9 below. Subject to paragraph (5) below, any date specified pursuant to sub-paragraph (3) above shall be a date— The Secretary of State may by order provide that sub-paragraph (4)(b) above shall have effect as if for the period of six years referred to in that paragraph there were substituted such longer period specified in the order. The power of the Secretary of State to make an order under sub-paragraph (5) above shall be exercisable by statutory instrument; and any statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament. The preparation of the second list shall be completed before the day upon which it is first advertised in accordance with paragraph 5 below.
This paragraph makes provision for the advertisement of the first and second lists prepared by a mineral planning authority. The mineral planning authority shall advertise each of the first and second lists by causing to be published, in each of two successive weeks, in one or more newspapers circulating in its area, notice of the list having been prepared. In respect of each of those lists, such notice shall— In respect of the first list, such notice shall— In respect of the second list, such notice shall— The power of the Secretary of State to make an order under sub-paragraph (5) above shall be exercisable by statutory instrument; and any statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Any person who is the owner of any land, or is entitled to an interest in a mineral, may, if that land or interest is not a mineral site included in the first list and does not form part of any mineral site included in that list, apply to the mineral planning authority for that land or interest to be included in that list. An application under sub-paragraph (1) above shall be made no later than the day upon which expires the period of three months from the day when the first list was first advertised in accordance with paragraph 5 above. Where the mineral planning authority consider that— but shall otherwise refuse the application. On acceding, whether in whole or in part, to an application made under sub-paragraph (1) above, the mineral planning authority shall amend the first list as follows— Where the mineral planning authority amend the first list in accordance with sub-paragraph (4) above, they shall also— Any date specified pursuant to sub-paragraph (5)(a) above shall be a date— On acceding, whether in whole or in part, to an application made under sub-paragraph (1) above, the mineral planning authority shall, if the second list has been first advertised in accordance with paragraph 5 above prior to the time at which they make their decision on the application, amend the second list as follows— Where the mineral planning authority amend the second list in accordance with sub-paragraph (7) above, they shall also— Any date specified pursuant to sub-paragraph (8)(a) above shall be a date— When a mineral planning authority determine an application made under sub-paragraph (1) above, they shall notify the applicant in writing of their decision and, in a case where they have acceded to the application, whether in whole or in part, shall supply the applicant with details of any amendment to be made to the first or second list in accordance with sub-paragraph (4) or (8) above. Where a mineral planning authority— the applicant may by notice appeal to the Secretary of State. A person who has made such an application may also appeal to the Secretary of State if the mineral planning authority have not given notice to the applicant of their decision on the application within eight weeks of their having received the application or within such extended period as may at any time be agreed upon in writing between the applicant and the authority. An appeal under sub-paragraph (11) or (12) above must be made by giving notice of appeal to the Secretary of State before the end of the period of six months beginning with—
Any person who is the owner of any land, or of any interest in any mineral, comprised in— may apply to the mineral planning authority for the postponement of the date specified in that list in respect of that site as the date by which an application is to be made to the authority under paragraph 9 below (in this paragraph referred to as “the specified date”). Subject to sub-paragraph (3) below, an application under sub-paragraph (1) above shall be made no later than the day upon which expires the period of three months from the day when— was first advertised in accordance with paragraph 5 above. In the case of— an application under sub-paragraph (1) above shall be made no later than the day upon which expires the period of three months from the day on which notice was given under paragraph 6(10) above of the mineral planning authority’s decision to add the site to or, as the case may be, so to amend the list in question. An application under sub-paragraph (1) above shall be in writing and shall— For the purposes of sub-paragraph (4) above, . . . the appropriate certificate is such a certificate— and section 65(6) of that Act (offences) shall also have effect in relation to any certificate purporting to be the appropriate certificate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Where the mineral planning authority receive an application made under sub-paragraph (1) above— Where the mineral planning authority agree to the specified date being postponed they shall cause the first or, as the case may be, the second list to be amended accordingly. When a mineral planning authority determine an application made under sub-paragraph (1) above, they shall notify the applicant in writing of their decision and, in a case where they have agreed to the postponement of the specified date, shall notify the applicant of the date which they have determined should be substituted for the specified date. Where, within three months of the mineral planning authority having received an application under sub-paragraph (1) above, or within such extended period as may at any time be agreed upon in writing between the applicant and the authority, the authority have not given notice, under sub-paragraph (9) above, to the applicant of their decision upon the application, the authority shall be treated as— and sub-paragraph (8) above shall apply accordingly.
The mineral planning authority shall, no later than the date upon which the first list is first advertised in accordance with paragraph 5 above, serve notice in writing of the first list having been prepared on each person appearing to them to be the owner of any land, or entitled to an interest in any mineral, included within a mineral site included in the first list, but this sub-paragraph is subject to sub-paragraph (7) below. A notice required to be served by sub-paragraph (1) above shall— The mineral planning authority shall, no later than the date upon which the second list is first advertised in accordance with paragraph 5 above, serve notice in writing of the second list having been prepared on each person appearing to them to be the owner of any land, or entitled to an interest in any mineral, included within an active Phase II site included in the second list, but this sub-paragraph is subject to sub-paragraph (7) below. A notice required to be served by sub-paragraph (4) above shall— Sub-paragraph (1) or (4) above shall not require the mineral planning authority to serve notice under that sub-paragraph upon any person whose identity or address for service is not known to and cannot practicably, after reasonable inquiry, be ascertained by them, but in any such case the authority shall cause to be firmly affixed, to each of one or more conspicuous objects on the land or, as the case may be, on the surface of the land above the interest in question, a copy of the notice which they would (apart from the provisions of this sub-paragraph) have had to serve under that sub-paragraph on the owner of that land or interest. If, in a case where sub-paragraph (7) above applies, no person makes an application to the authority under paragraph 9 below in respect of the active Phase I or II site which includes the land or interest in question by the date falling eight weeks before the date specified in the first or, as the case may be, the second list as the date by which such applications should be made in respect of that site, the authority shall cause to be firmly affixed, to each of one or more conspicuous objects on the land or, as the case may be, on the surface of the land above the interest in question, a copy of the written reminder that would, in a case not falling within sub-paragraph (7) above, have been served under sub-paragraph (3) or (6) above. Where by sub-paragraph (7) or (8) above a copy of any notice is required to be affixed to an object on any land that copy shall— In sub-paragraphs (7) and (8) above, any reference to a conspicuous object on any land includes, in a case where the person serving a notice considers that there are no or insufficient such objects on the land, a reference to a post driven into or erected upon the land by the person serving the notice for the purpose of having affixed to it the notice in question. Where the mineral planning authority, being required— fail to comply with that requirement by the date specified for the purpose, they may at any later time serve or, as the case may be, cause to be displayed, such a written reminder and, in any such case, the date by which an application in relation to the mineral site in question is to be made under paragraph 9 below is the date upon which expires the period of three months from the date when the reminder was served or posted in accordance with the provisions of this sub-paragraph.
Any person who is the owner of any land, or who is entitled to an interest in a mineral, may, if that land or mineral is or forms part of a dormant site or an active Phase I or II site, apply to the mineral planning authority to determine the conditions to which the relevant planning permissions relating to that site are to be subject. An application under this paragraph shall be in writing and shall— For the purposes of sub-paragraph (2) above, . . . the appropriate certificate is such a certificate— and section 65(6) of that Act (offences) shall also have effect in relation to any certificate purporting to be the appropriate certificate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 65 of the 1990 Act . . . (by virtue of which a development order may provide for publicising applications for planning permission) shall have effect, with any necessary modifications, as if subsection (1) of that section also authorised a development order to provide for publicising applications under this paragraph. Where the mineral planning authority receive an application under this paragraph in relation to a dormant site or an active Phase I or II site they shall determine the conditions to which each relevant planning permission relating to the site is to be subject; and any such permission shall, from the date when the conditions to which it is to be subject are finally determined, have effect subject to the conditions which are determined under this Schedule as being the conditions to which it is to be subject. The conditions imposed by virtue of a determination under sub-paragraph (6) above— In determining that a relevant planning permission is to be subject to any condition relating to development for which planning permission is granted by a development order, the mineral planning authority shall have regard to any guidance issued for the purpose by the Secretary of State. Subject to sub-paragraph (10) below, where, within the period of three months from the mineral planning authority having received an application under this paragraph, or within such extended period as may at any time be agreed upon in writing between the applicant and the authority, the authority have not given notice to the applicant of their decision upon the application, the authority shall be treated as having at the end of that period or, as the case may be, that extended period, determined that the conditions to which any relevant planning permission to which the application relates is to be subject are those specified in the application as being proposed in relation to that permission; and any such permission shall, from that time, have effect subject to those conditions. Where a mineral planning authority, having received an application under this paragraph, are of the opinion that they are unable to determine the application unless further details are supplied to them, they shall within the period of one month from having received the application give notice to the applicant— and where the authority so serve such a notice the period of three months referred to in sub-paragraph (9) above shall run not from the authority having received the application but from the time when the authority have received all the further details specified in the notice. Without prejudice to the generality of sub-paragraph (10) above, the further details which may be specified in a notice under that sub-paragraph include any— which it is reasonable for the authority to request for the purpose of enabling them to determine the application.
This paragraph applies in a case where— In a case where this paragraph applies, the mineral planning authority shall, upon giving to the applicant notice of the conditions determined by the authority under paragraph 9 above, also give to the applicant notice— In determining whether, in their opinion, the effect of that restriction of working rights would be such as is mentioned in sub-paragraph (2)(d) above, a mineral planning authority shall have regard to any guidance issued for the purpose by the Secretary of State. In this paragraph, “the applicant” means the person who made the application in question under paragraph 9 above.
Where the mineral planning authority— the person who made the application may appeal to the Secretary of State. An appeal under sub-paragraph (1) above must be made by giving notice of appeal to the Secretary of State before the end of the period of six months beginning with the date on which the authority give notice to the applicant of their determination or, as the case may be, stating their opinion.
Subject to paragraph 8(11) above, where no application under paragraph 9 above in respect of an active Phase I or II site has been served on the mineral planning authority by the date specified in the first or, as the case may be, the second list as the date by which applications under that paragraph in respect of that site are to be made, or by such later date as may at any time be agreed upon in writing between the applicant and the authority, each relevant planning permission relating to the site shall cease to have effect, except insofar as it imposes any restoration or aftercare condition, on the day following the last date on which such an application may be made. The reference in sub-paragraph (1) above to the date specified in the first or, as the case may be, the second list as the date by which applications under paragraph 9 above are to be made in respect of any Phase I or II site is a reference to the date specified for that purpose in respect of that site in that list as prepared by the mineral planning authority or, where that date has been varied by virtue of any provision of this Schedule, to that date as so varied. Subject to sub-paragraph (4) below, no relevant planning permission which relates to a dormant site shall have effect to authorise the carrying out of minerals development unless— A relevant planning permission which relates to a Phase I or II site not included in the first list shall cease to have effect, except insofar as it imposes any restoration or aftercare condition, on the day following the last date on which an application under sub-paragraph (1) of paragraph 6 above may be made in respect of that site unless an application has been made under that sub-paragraph by that date in which event, unless the site is added to that list, such a permission shall cease to have effect when the following conditions are met—
The Secretary of State may give directions requiring applications under paragraph 9 above to any mineral planning authority to be referred to him for determination instead of being dealt with by the authority. Any such direction may relate either to a particular application or to applications of a class specified in the direction. Where an application is referred to the Secretary of State in accordance with such a direction—
Where a mineral planning authority has received from any person a duly made application under paragraph 7(1) or 9 above— Where— then for the purpose of the determination of the applications and any appeal against such a determination, this Schedule shall have effect as if the applications were a single application received by the authority on the date on which the later application was received by the authority and references to the applicant shall be read as references to either or any of the applicants.
This paragraph applies in a case where— The requirements, referred to in sub-paragraph (1)(b) above, of this sub-paragraph are— The requirements, referred to in sub-paragraph (1)(b) above, of this sub-paragraph are that the conditions to which the relevant planning permissions are to be subject were determined by the Secretary of State (whether upon an appeal under paragraph 11(1)(a) above or upon a reference under paragraph 13 above) and— In a case to which this paragraph applies— shall have effect as if an order made under section 97 of the 1990 Act . . ., had been confirmed by the Secretary of State under section 98 of the 1990 Act . . . at the time when the application in question was finally determined and, as so confirmed, had effect to modify those permissions to the extent specified in sub-paragraph (5) below. For the purposes of sub-paragraph (4) above, the order which is treated by virtue of that sub-paragraph as having been made under section 97 of the 1990 Act . . . is one whose only effect adverse to the interests of any person having an interest in the land or minerals comprised in the mineral site is to restrict working rights in respect of the site to the same extent as the relevant restriction. For the purposes of section 116 of the 1990 Act . . . and of any regulations made under that section, the permissions treated as being modified by the order mentioned in sub-paragraph (4) above shall be treated as if they were planning permissions for development which neither consists of nor includes any minerals development.
This paragraph applies to appeals under any of the following provisions of this Schedule— Notice of appeal in respect of an appeal to which this paragraph applies shall be given on a form supplied by or on behalf of the Secretary of State for use for that purpose, and giving, so far as reasonably practicable, the information required by that form. Paragraph 6 of Schedule 2 to the 1991 Act (determination of appeals) shall, . . ., apply to an appeal to which this paragraph applies as it applies to an appeal under paragraph 5 of that Schedule. . . ., sections 284 to 288 of the 1990 Act (validity of certain decisions and proceedings for questioning their validity) shall have effect as if the action mentioned in section 284(3) of that Act included any decision of the Secretary of State— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 96.
The mineral planning authority for an area in Wales shall, in accordance with the provisions of this Schedule, cause periodic reviews to be carried out of the mineral permissions relating to a mining site.
The mineral planning authority for an area in England may, in accordance with the provisions of this Schedule, cause one or more periodic reviews to be carried out of the mineral permissions relating to a mining site.
For the purposes of this Schedule— In determining whether it appears to them to be expedient to treat as a single site the aggregate of the land to which two or more mineral permissions relate a mineral planning authority shall have regard to any guidance issued for the purpose by the Secretary of State. Any reference (however expressed) in this Schedule to a mining site being a site to which relates— is a reference to the mining site, or some part of it, being the land to which the permission relates. For the purposes of this Schedule, an application made under paragraph 6 below is finally determined when— Where an electronic communication is used to make an application to a mineral planning authority under paragraph 5 or 6 below, the applicant shall be taken to have agreed— An applicant may give notice that he is no longer to be taken to have agreed to the use of electronic communications for the purposes mentioned in paragraph (a) of sub-paragraph (5). Any such notice shall take effect from the date specified in it being not less than seven days from the date on which it is given.
This paragraph has effect for the purposes of paragraphs 2A and 2B above. Subject to sub-paragraph (7) below, in a case where the mineral permissions relating to a mining site include an old mining permission, the relevant date means— and paragraph 10(2) of Schedule 2 to the 1991 Act . . . (meaning of “finally determined”) shall apply for the purposes of this sub-paragraph as it applies for the purposes of section 22 of and Schedule 2 to the 1991 Act . . .. Subject to sub-paragraph (7) below, in the case of a mining site which is a Phase I or II site within the meaning of Schedule 13 to this Act, the relevant date means the date falling fifteen years after the date upon which, pursuant to an application made under paragraph 9 of that Schedule, there is determined under that paragraph the conditions to which the relevant planning permissions (within the meaning of that Schedule) relating to the site are to be subject. Subject to sub-paragraphs (4) and (7) below, in the case of a mining site— the relevant date is the date falling fifteen years after the date upon which was granted the most recent mineral permission which relates to the site. Where, in the case of a mining site falling within sub-paragraph (3) above, the most recent mineral permission relating to that site relates, or the most recent such permissions (whether or not granted on the same date) between them relate, to part only of the site, and in the opinion of the mineral planning authority it is expedient, for the purpose of ascertaining, under that sub-paragraph, the relevant date in respect of that site, to treat that permission or those permissions as having been granted at the same time as the last of the other mineral permissions relating to the site, the relevant date for that site shall be ascertained under that sub-paragraph accordingly. A mineral planning authority shall, in deciding whether they are of such an opinion as is mentioned in sub-paragraph (4) above, have regard to any guidance issued by the Secretary of State for the purpose. Subject to sub-paragraph (7) below, in the case of a mining site— the relevant date shall be the date falling fifteen years after the date upon which the order took effect or, in a case where there is more than one such order, upon which the last of those orders to take effect took effect. In the case of a mining site for which the preceding provisions of this paragraph have effect to specify two or more different dates as the relevant date, the relevant date shall be the latest of those dates.
The Secretary of State may by order specify a relevant date different from the relevant date found in pursuance of paragraph 3(1) or (2). Sub-paragraph (3) applies if no relevant date is found in pursuance of paragraph 3(1) or (2). The Secretary of State may by order specify a relevant date . An order under sub-paragraph (3) may make different provision for different cases or different classes of case. An order under this paragraph must be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
This paragraph applies— The mineral planning authority shall, in connection with the first periodic review ..., no later than 12 months before the first review date, serve notice upon each person appearing to them to be the owner of any land, or entitled to an interest in any mineral, included in the site to which the review relates . A notice required to be served under sub-paragraph (1) above shall— Where, in relation to any land or mineral included in a mining site, the mineral planning authority— the authority shall serve a written reminder on that person. A reminder required to be served under sub-paragraph (3) above shall— Sub-paragraph (1) above shall not require the mineral planning authority to serve notice under that sub-paragraph upon any person whose identity or address for service is not known to and cannot practicably, after reasonable inquiry, be ascertained by them, but in any such case the authority shall cause to be firmly affixed, to each of one or more conspicuous objects on the land or, as the case may be, on the surface of the land above the interest in question, a copy of the notice which they would (apart from the provisions of this sub-paragraph) have had to serve under that sub-paragraph on the owner of that land or interest. If, in a case where sub-paragraph (5) above applies, no person makes an application to the authority under paragraph 6 below in respect of the mining site which includes the land or interest in question by the date falling eight weeks before the first review date, the authority shall cause to be firmly affixed, to each of one or more conspicuous objects on the land or, as the case may be, on the surface of the land above the interest in question, a copy of the written reminder that would, in a case not falling within sub-paragraph (5) above, have been served under sub-paragraph (3) above. Where by sub-paragraph (5) or (6) above a copy of any notice is required to be affixed to an object on any land that copy shall— In sub-paragraphs (5) and (6) above, any reference to a conspicuous object on any land includes, in a case where the person serving a notice considers that there are no or insufficient such objects on the land, a reference to a post driven into or erected upon the land by the person serving the notice for the purpose of having affixed to it a copy of the notice in question.
In the application of this Schedule in relation to a mineral planning authority for an area in England, “first review date” means the date set by the authority in accordance with sub-paragraph (2) below as the first review date for the purposes of the first periodic review of the mineral permissions relating to a mining site. That date may not be earlier than the relevant date found under paragraph 3 below in relation to the site. This paragraph is subject to paragraphs 3A and 5 below (power to specify different relevant date, and postponement of first review date).
Any person who is the owner of any land, or of any interest in any mineral, comprised in a mining site may, no later than the day upon which expires the period of three months from the day upon which notice was served upon him under paragraph 4 above, apply under this paragraph to the mineral planning authority for the postponement of the first review date. An application under this paragraph shall be in writing and shall set out— Where the mineral planning authority receive an application made under this paragraph— When a mineral planning authority determine an application made under this paragraph, they shall notify the applicant in writing of their decision and, in a case where they have agreed to the postponement of the first review date, shall notify the applicant of the date which they have determined should be substituted for the first review date. Where, within the period of three months of the mineral planning authority having received an application under this paragraph, or within such extended period as may at any time be agreed upon in writing between the applicant and the authority, the authority have not given notice, under sub-paragraph (4) above, to the applicant of their decision upon the application, the authority shall be treated as having, at the end of that period or, as the case may be, that extended period—
In the application of this Schedule in relation to a mineral planning authority for an area in Wales, “first review date” in relation to a mining site means the relevant date found under paragraph 3 below in relation to the site. This paragraph is subject to paragraphs 3A and 5 below (power to specify different relevant date, and postponement of first review date).
Any person who is the owner of any land, or who is entitled to an interest in a mineral, may, if that land or mineral is or forms part of a mining site, apply to the mineral planning authority to determine the conditions to which the mineral permissions relating to that site are to be subject. An application under this paragraph shall be in writing and shall— For the purposes of sub-paragraph (2) above, . . . the appropriate certificate is such a certificate— and section 65(6) of the 1990 Act shall also have effect in relation to any certificate purporting to be the appropriate certificate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Where the mineral planning authority receive an application under this paragraph in relation to a mining site they shall determine the conditions to which each mineral permission relating to the site is to be subject. The conditions imposed by virtue of a determination under sub-paragraph (5) above— In determining that a mineral permission is to be subject to any condition relating to development for which planning permission is granted by a development order, the mineral planning authority shall have regard to any guidance issued for the purpose by the Secretary of State. Subject to sub-paragraph (9) below, where, within the period of three months of the mineral planning authority having received an application under this paragraph, or within such extended period as may at any time be agreed upon in writing between the applicant and the authority, the authority have not given notice to the applicant of their decision upon the application, the authority shall be treated as having at the end of that period or, as the case may be, that extended period, determined that the conditions to which any mineral permission to which the application relates is to be subject are those specified in the application as being proposed in relation to that permission; and any such permission shall, from that time, have effect subject to those conditions. Where a mineral planning authority, having received an application under this paragraph, are of the opinion that they are unable to determine the application unless further details are supplied to them, they shall within the period of one month from having received the application give notice to the applicant— and where the authority so serve such a notice the period of three months referred to in sub-paragraph (8) above shall run not from the authority having received the application but from the time when the authority have received all the further details specified in the notice. Without prejudice to the generality of sub-paragraph (9) above, the further details which may be specified in a notice under that sub-paragraph include any— which it is reasonable for the authority to request for the purpose of enabling them to determine the application.
Where no application under paragraph 6 above in respect of a mining site has been served on the mineral planning authority by the first review date, or by such later date as may at any time be agreed upon in writing between the applicant and the authority, each mineral permission— shall cease to have effect, except insofar as it imposes any restoration or aftercare condition, on the day following the first review date or, as the case may be, such later agreed date.
relating to the site; and
identified in the notice served in relation to the site under paragraph 4 above,
The Secretary of State may give directions requiring applications made under paragraph 6 above to any mineral planning authority to be referred to him for determination instead of being dealt with by the authority. A direction under sub-paragraph (1) above may relate either to a particular application or to applications of a class specified in the direction. Where an application is referred to the Secretary of State in accordance with a direction under sub-paragraph (1) above—
Where on an application under paragraph 6 above the mineral planning authority determine conditions that differ in any respect from the proposed conditions set out in the application, the applicant may appeal to the Secretary of State. An appeal under sub-paragraph (1) above must be made by giving notice of appeal to the Secretary of State, before the end of the period of six months beginning with the determination, on a form supplied by or on behalf of the Secretary of State for use for that purpose, and giving, so far as reasonably practicable, the information required by that form. Paragraph 6 of Schedule 2 to the 1991 Act (determination of appeals) shall, . . ., apply to appeals under sub-paragraph (1) above as it applies to appeals under paragraph 5 of that Schedule. . . ., sections 284 to 288 of the 1990 Act shall have effect as if the action mentioned in section 284(3) of that Act included any decision of the Secretary of State— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where an application has been made under paragraph 6 above in respect of a mining site, each of the mineral permissions relating to the site shall, from the time when the application is finally determined, have effect subject to the conditions to which it is determined under this Schedule that that permission is to be subject. Sub-paragraph (1) above is without prejudice to paragraph 6(8) above.
Where a mineral planning authority have received from any person a duly made application under paragraph 5 or 6 above— Where— then for the purpose of the determination of the applications and any appeal against such a determination, this Schedule shall have effect as if the applications were a single application received by the authority on the date on which the later application was received by the authority and references to the applicant shall be read as references to either or any of the applicants.
This paragraph applies— In the application of this paragraph in relation to a mineral planning authority for an area in England “the review date” means the date set by the authority as the review date for the purposes of the periodic review. That date may not be earlier than the relevant date found under sub-paragraph (1) below in relation to the site. In the application of this paragraph in relation to a mineral planning authority for an area in Wales “the review date” means the relevant date found under sub-paragraph (1) below in relation to the site. In this paragraph, in relation to a mining site, but subject to paragraph 5 above as applied by sub-paragraph (2) below, “relevant date” means— Paragraphs 4 to 11 above shall apply in respect of the second or any subsequent periodic review of the mineral permissions relating to a mining site as they apply to the first such periodic review, but as if—
This paragraph applies where— For the purposes of this paragraph— For the purposes of this paragraph, working rights are restricted in respect of a mining site if any of— is restricted or reduced in respect of the mining site in question. In a case to which this paragraph applies, but subject to sub-paragraph (6) below, . . ., Parts IV and XI of the 1990 Act . . ., shall have effect as if an order made under section 97 of the 1990 Act . . .— For the purposes of this paragraph, the order referred to in sub-paragraph (4) above is one whose only effect adverse to the interests of any person having an interest in the land or minerals comprised in the mineral site is to restrict working rights in respect of the site to the same extent as the relevant restriction. For the purposes of section 116 of the 1990 Act . . . and of any regulations made under those sections, the permissions treated as being modified by the order mentioned in sub-paragraph (4) above shall be treated as if they were planning permissions for development which neither consists of nor includes any minerals development.
Section 105.
In this Schedule—
Subject to— any provision to which this paragraph applies which contains, or falls to be construed as containing, a reference (however framed and whether or not in relation to an area) to the National Rivers Authority shall have effect on and after the transfer date as if that reference were a reference to the Agency. Sub-paragraph (1) above is subject to paragraph 1(2)(a) of Schedule 17 to the Water Act 1989 (references in certain local statutory provisions or subordinate legislation to the area of a particular water authority to have effect as references to the area which, immediately before the transfer date within the meaning of that Act, was the area of that authority for the purposes of their functions relating to fisheries). Subject as mentioned in sub-paragraph (1) above, any provision to which this paragraph applies which contains, or falls to be construed as containing, a reference (however framed) to the whole area in relation to which the National Rivers Authority carries out its functions in relation to fisheries shall have effect on and after the transfer date as if that reference were a reference to the whole area in relation to which the Agency carries out its functions relating to fisheries. The provisions to which this paragraph applies are the provisions of— The modifications made by this paragraph shall be subject to any power by subordinate legislation to revoke or amend any provision to which this paragraph applies; and, accordingly, any such power, including the powers conferred by section 121 of this Act and paragraph 3 below, shall be exercisable so as to exclude the operation of this paragraph in relation to the provisions in relation to which the power is conferred.
If it appears to the Minister or the Secretary of State to be appropriate to do so for the purposes of, or in consequence of, the coming into force of any provision of this Schedule, he may by order revoke or amend any subordinate legislation. An order under this paragraph may— The power conferred by virtue of this paragraph in relation to subordinate legislation made under any enactment shall be without prejudice to any other power to revoke or amend subordinate legislation made under that enactment, but—
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The provisions of section 1 of the Sea Fisheries Regulation Act 1966 (establishment of fisheries committees) which provide that an order under that section modifying a previous such order is to be made only on such an application and after such consultation as is mentioned in that section shall not apply to an order under that section which contains a statement that the only provision made by the order is provision which appears to the Minister making the order to be appropriate in consequence of any of the provisions of this Act. In section 2(2) of that Act (constitution of local fisheries committee) for the words “the National Rivers Authority” there shall be substituted the words “ the Environment Agency ”. In section 18(3) of that Act (provision where a water authority or harbour authority have the powers of a local fisheries committee) for the words “National Rivers Authority)” there shall be substituted the words “ Environment Agency) ”.
In section 18(1) of the Sea Fish (Conservation) Act 1967 (enforcement of orders relating to salmon and migratory trout)—
for the words “subsection (6) of section 2 of the Water Resources Act 1991” there shall be substituted the words “ subsection (7) of section 6 of the Environment Act 1995 ”; and
for the words “the National Rivers Authority” there shall be substituted the words “ the Environment Agency ”.
In section 5 of the Salmon and Freshwater Fisheries Act 1975 (prohibition of use of explosives, poisons, electrical devices etc) in subsection (2), the words following paragraph (b) (which require Ministerial approval for the giving of permission to use noxious substances) shall be omitted.
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In section 9(1) of that Act (owner or occupier of certain dams or other obstructions to make fish passes of form and dimensions approved by the Minister) for the words “the Minister” there shall be substituted the words “ the Agency ”.
In section 10 of that Act, in subsection (1) (power of the National Rivers Authority, with the written consent of the Minister, to construct and maintain fish passes of form and dimensions approved by the Minister)— In subsection (2) of that section (power of the National Rivers Authority, with the consent of the Minister, to alter etc fish passes and free gaps) the words “with the written consent of the Minister,” shall be omitted.
In section 11 of that Act (Minister’s consents and approvals for fish passes) for subsection (1) there shall be substituted— In subsection (2) of that section (Minister’s power to revoke approval or consent while still provisional)— In subsection (3) of that section (Minister’s power, when revoking provisional approval, to extend period for making fish pass)— In subsection (4) of that section (Minister’s power to approve and certify fish pass if he is of the opinion that it is efficient)— In subsection (5) of that section (fish passes approved by the Minister deemed to be in conformity with the Act) for the words “the Minister” there shall be substituted the words “ the Agency ”.
For section 14 of that Act (gratings) there shall be substituted—
In section 15 of that Act (power of National Rivers Authority, with the consent of the Minister, to use gratings etc. to limit movements of salmon and trout) for the word “grating” or “gratings”, wherever occurring (including in the side-note), there shall be substituted respectively the word “ screen ” or “ screens ”. In subsection (1) of that section (placing of gratings, deepening of channels etc.) the words “with the written consent of the Minister” shall be omitted. In subsection (3) of that section (use of such means as the Minister may approve for preventing ingress)— At the end of that section there shall be added—
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In section 18 of that Act (provisions supplementary to Part II) for subsection (2) (notice of application for Ministerial consent to the doing of certain acts to be given to the owner and occupier of the dam etc in question) there shall be substituted—
In section 30 of that Act, the paragraph defining “fish farm” (which is superseded by amendments made by this Schedule) shall be omitted.
In section 35 of that Act (power to require production of fishing licences) in subsection (3), for the words “the National Rivers Authority” there shall be substituted the words “ the Agency ”. For subsection (4) of that section (definition of “the appropriate office of the National Rivers Authority”) there shall be substituted—
After subsection (1A) of section 39 of that Act (application of Act to River Esk in Scotland) there shall be inserted—.
In section 41(1) of that Act (general definitions) the following definitions shall be inserted at the appropriate places, that is to say—; and ; and the definition of “grating” shall be omitted.
In subsection (3) of section 43 of that Act (extent of Act to Scotland), after the words “(1A)” there shall be inserted the words “ , (1B), (1C) ”.
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In section 37(3) of the Salmon Act 1986 (byelaws requiring consent of the National Rivers Authority) for the words “the National Rivers Authority has” there shall be substituted the words “ the Environment Agency has ”.
In section 115 of the Water Resources Act 1991, in subsection (1) (power by order to make provision in relation to an area defined by the order for the modification, in relation to the fisheries in that area, of the enactments specified in the paragraphs of that subsection) for paragraph (b) there shall be substituted—
In paragraph 6 of Schedule 25 to that Act (powers to make byelaws in relation to any part or parts of the area in relation to which the National Rivers Authority carries out its functions in relation to fisheries under Part V of that Act) in sub-paragraphs (1) to (5) for the words “in relation to any part or parts”, in each place where they occur, there shall be substituted the words “ in relation to the whole or any part or parts ”. In sub-paragraph (3)(c) of that paragraph (byelaws for the purpose of determining for the purposes of the Salmon and Freshwater Fisheries Act 1975 the period of the year during which gratings need not be maintained) for the word “gratings” there shall be substituted the word “ screens ”.
Section 106.
The Control of Pollution Act 1974, as it has effect in Scotland, shall be amended in accordance with the following paragraphs.
After section 30E there shall be inserted the following sections—
Sections 31(1), (2), (3), (7) and (10) (offences relating to pollution of rivers and coastal waters) and 32 (control of discharges of trade and effluent etc. into rivers and coastal waters etc.) shall cease to have effect.
In section 31(8) (maximum penalties) for the words “paragraphs (a) and (b) of the preceding subsection” there shall be substituted the words “ section 30F(6) above ”.
In section 31B(4)(d) (nitrate sensitive areas: maximum penalties) for the words “subsection (7) of section 31 above” there shall be substituted the words “ subsection (6) of section 30F above ”.
In section 34(3) (consents for discharges of trade and effluent) for the words “section 32(1)” there shall be substituted the words “ section 30F(2) to (4) ”.
In section 39(1)(a) (appeals to the Secretary of State) for the words “section 31(3)” there shall be substituted the words “ section 30J(4) ”.
In section 56(1) (interpretation etc of Part II) the following definitions shall be inserted in the appropriate places—; and “sewer” has the same meaning as in the Sewerage (Scotland) Act 1968;
In section 87(3) (time-bar in relation to legal proceedings)—
the words from the beginning to “offence; and” shall cease to have effect;
for the words “section 23 of the Summary Jurisdiction (Scotland) Act 1954” there shall be substituted the words “ section 331 of the Criminal Procedure (Scotland) Act 1975 ”;
for the words “such offence” there shall be substituted the words “ offence under section 30F of this Act or regulations or byelaws made in pursuance of section 31 of this Act ”; and
for the words “subsection (2) of section 23 of the said Act of 1954” there shall be substituted the words “ subsection (3) of section 331 of the said Act of 1975 ”;
the words “in its application to Scotland” shall cease to have effect.
Section 107.
The Environmental Protection Act 1990 shall be amended in accordance with the provisions of paragraphs 2 to 7 of this Schedule.
In section 79 (statutory nuisances etc)—
in subsection (1)(ga) after the word “street” there shall be inserted the words “ or in Scotland, road ”;
in subsection (7)—
in the definition of “local authority”, before the word “outside” in paragraph (b) there shall be inserted “in England and Wales”, the word “ and ” after paragraph (b) shall cease to have effect, and after paragraph (c) there shall be insertedand ;
in the definition of “premises” after the word “and” where it second occurs there shall be inserted the words “ , in relation to England and Wales, ”;
“road” has the same meaning as in Part IV of the New Roads and Street Works Act 1991;
in subsection (8)—
after the words “port health district” where they first occur there shall be inserted the words “ or in Scotland where by an order under section 172 of the Public Health (Scotland) Act 1897 a port local authority or a joint port local authority has been constituted for the whole or part of a port, ”;
after the words “port health authority” where they second occur there shall be inserted the words “ , port local authority or joint port local authority, as the case may be ”;
in subsection (10) after the words “or (e)” there shall be inserted “ and, in relation to Scotland, paragraph (g) or (ga), ”;
in subsection (11) after the words “subsection (12) and” there shall be inserted the words “ , in relation to England and Wales, ”.
In section 80 (summary proceedings) in subsection (3) after the words “magistrate’s court” there shall be inserted the words “ or in Scotland, the sheriff ”;
In section 81 (supplementary provisions)—
in subsection (2) after the words “magistrate’s court” there shall be inserted the words “ or in Scotland, the sheriff ”;
in subsection (3) after the word “offence” there shall be inserted the words “ or, in Scotland, whether or not proceedings have been taken for an offence, ”;
in subsection (4) after the word “court” where it first occurs there shall be inserted the word “ or sheriff ” and after the words “court consider” there shall be inserted the words “ or sheriff considers ”;
in subsection (5) after the words “High Court” there shall be inserted the words “ or, in Scotland, in any court of competent jurisdiction, ”.
In section 81A at the end, as subsection (10), and in section 81B at the end, as subsection (6), there shall be added—.
In section 82 (proceedings by persons aggrieved)—
in subsection (1) after the word “complaint” there shall be inserted the words “ or, in Scotland, the sheriff may act under this section on a summary application, ”;
in subsection (2)—
after the words “magistrate’s court” there shall be inserted the words “ or, in Scotland, the sheriff ”;
after the word “street” there shall be inserted the words “ or, in Scotland, road ”;
after the words “the court” there shall be inserted the words “ or the sheriff ”;
in paragraph (a) after the word “defendant” there shall be inserted the words “ or, in Scotland, defender ”;
in paragraph (b) after the word “defendant” there shall be inserted the words “ or defender ”;
after the word “and” where it third occurs there shall be inserted the words “ , in England and Wales, ”;
in subsection (3), after the words “magistrate’s court” there shall be inserted the words “ or the sheriff ” and after the words “of the court” in both places where they occur there shall be inserted the words “ or of the sheriff ”;
in subsection (11), after the words “magistrate’s court” there shall be inserted the words “ or the sheriff ”;
in subsection (12) after the word “complaint” there shall be inserted the words “ or summary application ”, after the words “the court” in both places where they occur there shall be inserted the words “ or the sheriff ” and for the words “defendant (or defendants” there shall be substituted the words “ defendant or defender (or defendants or defenders ”;
in subsection (13), after the words “ magistrate’s court ” there shall be inserted the words “or to the sheriff” and after the words “ the court ” in both place where they occur there shall be inserted the words “or the sheriff”.
In Schedule 3 (statutory nuisance; supplementary provisions)—
after paragraph 1 there shall be inserted—;
in paragraph 2 at the end there shall be added—;
in paragraph 2A(1)(b) after the word “street” there shall be inserted the words “ or, in Scotland, road ”;
in paragraph 4 at the end there shall be added—;
in paragraph 6 after the words “magistrate’s court” there shall be inserted the words “ or, in Scotland, the sheriff ”.
In the Radioactive Substances Act 1993, in Part II of Schedule 3—
in paragraph 12, for the words “Sections 16 and 17” there shall be substituted the words “ Section 16 ”;
at the end there shall be added—.
Section 108.
In this Schedule— Expressions used in this Schedule and in section 108 of this Act have the same meaning in this Schedule as they have in that section.
If it is shown to the satisfaction of a justice of the peace or, in Scotland, the sheriff or a justice of the peace, on sworn information in writing— the justice or sheriff may by warrant authorise an enforcing authority to designate a person who shall be authorised to exercise the power in relation to those premises, in accordance with the warrant and, if need be, by force. The conditions mentioned in sub-paragraph (1)(b) above are— A justice of the peace may by warrant authorise an English or Welsh authorised person, designated for the purpose by the person who authorised them, to exercise the powers in section 108(4)(ka) in accordance with the warrant and, if need be, by force. The justice may do so only if satisfied that there are reasonable grounds for believing that— ... Every warrant under this Schedule shall continue in force until the purposes for which the warrant was issued have been fulfilled.
If it is shown to the satisfaction of a justice of the peace or, in Scotland, the sheriff or a justice of the peace, on sworn information in writing— the justice or sheriff may by warrant authorise an enforcing authority to designate a person who shall be authorised to exercise the power in relation to those premises, in accordance with the warrant and, if need be, by force.
that there are reasonable grounds for the exercise in relation to any premises of a relevant power; and
that one or more of the conditions specified in sub-paragraph (2) below is fulfilled in relation to those premises,
If it is shown to the satisfaction of the sheriff or a justice of the peace, on sworn information in writing, that there are reasonable grounds for the exercise in relation to any documents of a power in section 108(4)(ka) of this Act, the sheriff or justice of the peace may by warrant authorise SEPA to designate a person who shall be authorised to exercise the power in relation to the documents in accordance with the warrant and, if need be, by force.
The conditions mentioned in sub-paragraph (1)(b) above are—
that the exercise of the power in relation to the premises has been refused;
that such a refusal is reasonably apprehended;
that the premises are unoccupied;
that the occupier is temporarily absent from the premises and the case is one of urgency; or
that an application for admission to the premises would defeat the object of the proposed entry.
A warrant under this Schedule in respect of the power in section 108(6) of this Act to enter any premises used for residential purposes shall not be issued unless the sheriff or justice of the peace is satisfied that such entry is necessary for any purpose for which the power is proposed to be exercised.
Every warrant under this Schedule shall continue in force until the purposes for which the warrant was issued have been fulfilled.
A sheriff may grant a warrant under this Schedule in relation to premises situated in an area of Scotland even though the area is outside the territorial jurisdiction of that sheriff; and any such warrant may, without being backed or endorsed by another sheriff, be executed throughout Scotland in the same way as it may be executed within the sheriffdom of the sheriff who granted it.
A person designated as the person who may exercise a relevant power shall , if so required, produce evidence of his designation and other authority before he exercises the power.
Subject to section 108(12) of this Act, information obtained in consequence of the exercise of a relevant power, with or without the consent of any person, shall be admissible in evidence against that or any other person. Without prejudice to the generality of sub-paragraph (1) above, information obtained by means of monitoring or other apparatus installed on any premises in the exercise of a relevant power, with or without the consent of any person in occupation of the premises, shall be admissible in evidence in any proceedings against that or any other person.
A person who, in the exercise of a relevant power enters on any premises which are unoccupied or whose occupier is temporarily absent shall leave the premises as effectually secured against trespassers as he found them.
Where any person exercises any power conferred by section 108(4)(a) or (b) or (5) of this Act, it shall be the duty of the enforcing authority under whose authorisation he acts to make full compensation to any person who has sustained loss or damage by reason of— Compensation shall not be payable by virtue of sub-paragraph (1) above in respect of any loss or damage if the loss or damage— Any dispute as to a person’s entitlement to compensation under this paragraph, or as to the amount of any such compensation, shall be referred to the arbitration of a single arbitrator or, in Scotland, arbiter appointed by agreement between the enforcing authority in question and the person who claims to have sustained the loss or damage or, in default of agreement, by the Secretary of State. A designated person shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of any relevant power if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it.
Section 112.
The Control of Pollution Act 1974 shall be amended in accordance with the following provisions of this paragraph. For subsection (5) of section 34 (offences relating to consents for discharge of effluent etc) there shall be substituted—. For subsection (3) of section 93 (offences relating to power of authorities to obtain information) there shall be substituted—.
The Water (Scotland) Act 1980 shall be amended in accordance with the following provisions of this paragraph. In section 93 (obtaining of information as to underground water) after subsection (7) there shall be inserted—. In section 94 (false information) after the word “Act” there shall be inserted the words “ (other than by or under section 93) ”.
In section 7(3)(b) of the Control of Pollution (Amendment) Act 1989 (offences of making false statements), after the word “false” in each place where it occurs there shall be inserted the words “ or misleading ”.
For section 44 of the Environmental Protection Act 1990 (offences of making false statements) there shall be substituted— In section 71(3) of that Act, paragraph (b) (offence of making false or misleading statements) shall cease to have effect.
Section 206 of the Water Resources Act 1991 (making of false statements etc) shall be amended in accordance with the following provisions of this paragraph. For subsection (1), there shall be substituted— Subsection (2) (which is superseded by the amendment made by sub-paragraph (2) above) shall be omitted. After subsection (3) (offences relating to the use of meters in connection with licences under Chapter II of Part II) there shall be inserted— For subsections (5) to (7) (which require consent to the prosecution of certain offences and provide different penalties for different offences) there shall be substituted—
After section 34 of the Radioactive Substances Act 1993 (offences relating to disclosure of information about trade secrets etc) there shall be inserted—
Section 114.
In this Schedule—
An appointment under section 114(1)(a) of this Act must be in writing and—
may relate to any particular appeal, matters or questions specified in the appointment or to appeals, matters or questions of a description so specified;
may provide for any function to which it relates to be exercisable by the appointed person either unconditionally or subject to the fulfilment of such conditions as may be specified in the appointment; and
may, by notice in writing given to the appointed person, be revoked at any time by the Secretary of State in respect of any appeal, matter or question which has not been determined by the appointed person before that time.
Subject to the provisions of this Schedule, an appointed person shall, in relation to any appeal, matter or question to which his appointment relates, have the same powers and duties as the Secretary of State, other than—
any function of making regulations;
any function of holding an inquiry or other hearing or of causing an inquiry or other hearing to be held; or
any function of appointing a person for the purpose—
of enabling persons to appear before and be heard by the person so appointed; or
of referring any question or matter to that person.
If either of the parties to an appeal, matter or question expresses a wish to appear before and be heard by the appointed person, the appointed person shall give both of them an opportunity of appearing and being heard. Whether or not a party to an appeal, matter or question has asked for an opportunity to appear and be heard, the appointed person— but this sub-paragraph is subject to sub-paragraph (3) below. Where an appointed person holds a local inquiry or other hearing by virtue of this Schedule, an assessor may be appointed by the Secretary of State to sit with the appointed person at the inquiry or hearing and advise him on any matters arising, notwithstanding that the appointed person is to determine the appeal, matter or question. Subject to paragraph 5 below, the costs of a local inquiry held under this Schedule shall be defrayed by the Secretary of State.
In relation to England and Wales, subsections (2) to (5) of section 250 of the Local Government Act 1972 (local inquiries: evidence and costs) shall apply to local inquiries or other hearings held under this Schedule by an appointed person as they apply to inquiries caused to be held under that section by a Minister, but with the following modifications, that is to say— In relation to Scotland, subsections (3) to (8) of section 210 of the Local Government (Scotland) Act 1973 (which relate to the costs of and holding of local inquiries) shall apply to local inquiries or other hearings held under this Schedule as they apply to inquiries held under that section, but with the following modifications, that is to say—
Where under paragraph 2(c) above the appointment of the appointed person is revoked in respect of any appeal, matter or question, the Secretary of State shall, unless he proposes to determine the appeal, matter or question himself, appoint another person under section 114(1)(a) of this Act to determine the appeal, matter or question instead. Where such a new appointment is made, the consideration of the appeal, matter or question, or any hearing in connection with it, shall be begun afresh. Nothing in sub-paragraph (2) above shall require any person to be given an opportunity of making fresh representations or modifying or withdrawing any representations already made.
Anything done or omitted to be done by an appointed person in, or in connection with, the exercise or purported exercise of any function to which the appointment relates shall be treated for all purposes as done or omitted to be done by the Secretary of State in his capacity as such. Sub-paragraph (1) above shall not apply—
Section 116.
For section 221 of the Water Industry Act 1991 (Crown application) there shall be substituted—
The Water Resources Act 1991 shall be amended in accordance with the following provisions of this paragraph. In section 115 (fisheries orders) in subsection (7) (orders affecting Crown or Duchy property) in paragraph (a), after the words “an order under this section” there shall be inserted the words “ making provision, by virtue of subsection (1)(b) above, for the modification of section 156 below in relation to fisheries in an area ”. In section 142 (orders providing for the imposition and collection of fisheries contributions), in subsection (2) (which applies, in relation to orders under that section, the provisions of subsections (2) to (9) of section 115 of that Act) for the words “(2) to (9)” there shall be substituted the words “ (2) to (6) ”. For section 222 (Crown application) there shall be substituted—
For section 55 of the Sewerage (Scotland) Act 1968 (Crown application) there shall be substituted—.
For subsection (3) of section 105 of the Control of Pollution Act 1974 (application to Crown) as it has effect in relation to Scotland, there shall be substituted the following subsections—
After section 110 of the Water (Scotland) Act 1980 there shall be inserted—.
After section 125 of the Local Government etc. (Scotland) Act 1994 there shall be inserted—.
Section 120.
The Alkali, &c, Works Regulation Act 1906 shall be amended in accordance with the following provisions of this paragraph. In section 1(1) (alkali work to be carried on so as to secure that the condensation of hydrochloric acid gas, to the satisfaction of the chief inspector, falls below certain levels) for the words “the chief inspector” there shall be substituted the words “ the appropriate Agency ”. In section 2(1) (no objection to be taken by an inspector to certain discharges) for the words “an inspector” there shall be substituted the words “ the appropriate Agency ”. In section 9— In section 22(1) (power of Secretary of State, after inquiring into a complaint, to direct proceedings to be taken by an inspector) for the words “an inspector” there shall be substituted the words “ the appropriate Agency ”. In section 23(2) (damages not recoverable under the section from a person with a certificate of compliance from the chief inspector) for the words “the chief inspector” there shall be substituted the words “ the appropriate Agency ”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 27(1) (interpretation of terms)— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In the Statistics of Trade Act 1947, after section 9 (restrictions on disclosure of information) there shall be inserted—
The Rivers (Prevention of Pollution) (Scotland) Act 1951 shall be amended in accordance with the following provisions of this paragraph. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 18 (provision and obtaining of information)— In section 19 (power to take samples of effluents)— In section 35 (interpretation)—
In the First Schedule to the Public Records Act 1958 (definition of public records) in Part II of the Table at the end of paragraph 3 (organisations whose records are public records) there shall be inserted at the appropriate place the entry— “ The Environment Agency. ”.
In section 7(8) of the Opencast Coal Act 1958 (definitions etc. for the purposes of section 7) in paragraph (i) of the definition of “statutory water undertakers” for the words “National Rivers Authority” there shall be substituted the words “ Environment Agency ”. In section 52(3) of that Act (general application to Scotland) for the words “a river purification authority within the meaning of the Rivers (Prevention of Pollution) (Scotland) Act 1951” there shall be substituted the words “ the Scottish Environment Protection Agency ”.
In section 10 of the Rivers (Prevention of Pollution) (Scotland) Act 1965 (samples of effluent)—
in subsection (2)—
for the words “A river purification authority” there shall be substituted the words “ the Scottish Environment Protection Agency (in this section referred to as “SEPA”) ”; and
for the words “the river purification authority’s” there shall be substituted the words “ SEPA’s ”; and
in subsections (3) to (5), for the words “the river purification authority”, in each place where they occur, and “Every river purification authority” there shall be substituted the words “ SEPA ”.
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“the appropriate Agency” means—
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments and authorities subject to investigation)—
there shall be inserted at the appropriate places the entries—
“ Environment Agency ”; and
“ Scottish Environment Protection Agency ”;
after note 1, there shall be inserted—; and
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the entry relating to the National Rivers Authority; and
the note 9 inserted by paragraph 11 of Schedule 1 to the Water Act 1989 (which relates to that Authority).
In section 38(3) of the Sewerage (Scotland) Act 1968 (duty of Secretary of State to consult on proposed extension of Part II to non-trade effluents)— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities to public bodies) shall have effect as if the Agency and SEPA were each both a local authority and a public body for the purposes of that Act other than section 2(2) (accounting requirements in relation to local authority agreements entered into in pursuance of section 1).
The Agriculture Act 1970 shall be amended in accordance with the following provisions of this paragraph. In section 92(1) (provision of flood warning systems)— In section 92(2)— In section 94 (co-operation with other persons as regards flood warning systems)— In section 98 (extent of Part VI)—
The Prevention of Oil Pollution Act 1971 shall be amended in accordance with the following provisions of this paragraph. After section 11 (duty to report discharge of oil into waters of harbours) there shall be inserted— In section 25(1) (power to extend certain provisions of the Act to the Isle of Man etc.), after the words “other than section 3” there shall be inserted the word “ , 11A ”.
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In section 223 of the Local Government Act 1972 (which includes provision for authorised members or officers of the National Rivers Authority to conduct certain magistrates’ court proceedings on its behalf) in subsection (2)—
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the words “and the National Rivers Authority” shall cease to have effect.
In section 25(1) of the Local Government Act 1974 (authorities subject to investigation by Local Commissioners), for paragraph (d) there shall be substituted—
Section 5 of the Control of Pollution Act 1974 (licences to dispose of waste) shall be amended in accordance with the following provisions of this paragraph. In subsection (3) (duty of recipient of application for licence where planning permission is in force)— In subsection (4) (duty of disposal authority to refer to National Rivers Authority etc proposals to issue licences)— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 6 of that Act (provisions supplementary to section 5) shall be amended in accordance with the following provisions of this paragraph. In subsection (2) (conditions which may be included in disposal licences)— In subsection (3) (offence of contravening a licence condition without reasonable excuse) for the words “the disposal authority which issued the licence” there shall be substituted the words “ the Environment Agency ”. In subsection (4) (duty of each disposal authority to maintain registers etc)— In subsection (5) (applications deemed to be refused if not granted within two months of receipt)—
Section 7 of that Act (variation of conditions and revocation of licences) shall be amended in accordance with the following provisions of this paragraph. In subsection (1) (modification of conditions of disposal licences issued by disposal authorities)— In subsection (2) (application of section 5(4))— In subsection (4) (revocation of disposal licences issued by disposal authorities)—
Section 8 of that Act (transfer and relinquishment of licences) shall be amended in accordance with the following provisions of this paragraph. In subsection (1) (transfer of licences)— In subsection (4) (cancellation of licences)—
Section 9 of that Act (supervision of licensed activities) shall be amended in accordance with the following provisions of this paragraph. In subsection (1) (duties of the authority which issued the licence) for the words “the authority which issued the licence” there shall be substituted the words “ the appropriate Agency ”. In subsection (2) (powers of entry of authorised officers to carry out works in an emergency)— In subsection (3) (recovery of certain expenditure from licence holders)— In subsection (4) (breach of conditions of licences)—
Section 10 of that Act (appeals to Secretary of State from decisions with respect to licences) shall be amended in accordance with the following provisions of this paragraph. In subsection (1) (duty of disposal authority concerned to implement Secretary of State’s determination) for the words “the disposal authority concerned” there shall be substituted the words “ the appropriate Agency ”. In subsection (3) (cases where the decision under appeal is effective pending the determination of the appeal)—
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Section 16 of that Act (removal of waste deposited in breach of licensing provisions) shall be amended in accordance with the following provisions of this paragraph. In subsection (1) (power of disposal or collection authority to serve notice on occupier of land in its area) for the words from “in the area” to “the authority may” there shall be substituted the words “ in contravention of section 3(1) of this Act, any authority to which this section applies may ”. After subsection (7) there shall be added—
In section 30 of that Act (interpretation of Part I) in subsection (1)—
the following definition shall be inserted at the appropriate place—;
“waste” has the same meaning as it has in Part II of the Environmental Protection Act 1990 by virtue of section 75(2) of that Act;
the words from “and for the purposes” to the end (which provide a presumption that anything discarded is waste unless the contrary is proved) shall cease to have effect.
In section 62(2)(a) of that Act (exceptions to restrictions on the operation of loudspeakers in streets), as it has effect in relation to England and Wales, for the words “National Rivers Authority” there shall be substituted the words “ Environment Agency ”.
The Control of Pollution Act 1974, as it has effect in relation to Scotland, shall be amended in accordance with the following provisions of this paragraph. Subject to the amendments made by the following provisions of this paragraph, for the words “a river purification authority”, “the river purification authority”, “river purification authority”, “river purification authorities”, “the river purification authorities”, “each river purification authority” and “any river purification authority”, in each place where they occur in the undernoted provisions, there shall be substituted the words “ SEPA ” section 30A(2)(a) and (3); section 30C(1); section 30D; section 31(4)(d) and (6); section 31A(2); section 33(1); sections 34 to 39; section 41; sections 46 to 51; section 96(3); and Schedule 1Asection 51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 30C (water quality objectives)— In section 30E (consultation and collaboration)— In section 31 (control of pollution of rivers and coastal waters etc.)— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 33(1) (power to make byelaws regulating or prohibiting sanitary appliances on vessels)— In section 34 (consents for discharges of trade and sewage effluent etc.)— In the following provisions, for the words “an authority”, “any authority”, “the authority”, “the authorities” and “the relevant river purification authority” in each place where they occur there shall be substituted the words “ SEPA ” sections 35 to 39; section 41; sections 46 to 49; and Schedule 1A, paragraph 2. In section 36 (provisions supplementary to sections 34 and 35)— In section 37(1) (revocation of consents and alteration and imposition of conditions), for the words from the beginning to “consent” in the second place where it occurs there shall be substituted the words “ SEPA may from time to time review any consent given in pursuance of section 34 of this Act ”. In section 38 (restriction as to variation and revocation of consent and of previous variation), in each of subsections (1) and (2), for the word “two” there shall be substituted the word “ four ”. After section 38 there shall be inserted—. In section 39 (appeals to Secretary of State)— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 41(1) (maintenance of registers)— In section 41(2) (registers to be available for inspection by, and facilities for obtaining copies of entries to be afforded to, the public), after paragraph (b) there shall be added the words— “ and, for the purposes of this subsection, places may be prescribed at which any such registers or facilities as are mentioned in paragraph (a) or (b) above are to be available or afforded to the public in pursuance of the paragraph in question. ” At the end of section 41 there shall be added the following subsection— For section 42, there shall be substituted the following sections— In section 46 (operations to remedy or forestall pollution of water)— After section 46 there shall be inserted the following sections—. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 49 (deposit and vegetation in rivers etc) at the end there shall be added— After that section there shall be inserted— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 56(1) (interpretation of Part II), the following definition shall be inserted in the appropriate place in alphabetical order—. In section 90(3) (establishment charges etc. in relation to Scotland), for the words from “a river” to the end there shall be substituted the words “ SEPA ”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 98 (interpretation of Part V), for paragraph (b) of the definition of “relevant authority” there shall be substituted —. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 105 (interpretation etc.— general) there shall be inserted in the appropriate place— “ “SEPA” means the Scottish Environment Protection Agency; ”
The Health and Safety at Work etc. Act 1974 (in this paragraph referred to as “the 1974 Act”) shall have effect in accordance with the following provisions of this paragraph. The appropriate new Agency shall, in consequence of the transfer effected by virtue of section 2(2)(c) or, as the case may be, 21(2)(a) of this Act, be regarded for the purposes of Part I of the 1974 Act as the authority which is, by any of the relevant statutory provisions, made responsible in relation to England and Wales or, as the case may be, Scotland for the enforcement of the relevant enactments (and, accordingly, as the enforcing authority in relation to those enactments). Neither the Agency nor SEPA shall have power to appoint inspectors under section 19 of the 1974 Act. Sections 21 to 23 (improvement notices and prohibition notices) shall have effect in any case where the relevant statutory provision in question is any of the relevant enactments as if references in those sections to an inspector were references to the appropriate new Agency. Section 27 (obtaining of information by the Commission etc) shall have effect in relation to the appropriate new Agency, in its relevant capacity, as it has effect in relation to the Health and Safety Executive (and not as it has effect in relation to an enforcing authority), except that the consent of the Secretary of State shall not be required to the service by the appropriate new Agency of a notice under subsection (1) of that section; and, accordingly, where that section has effect by virtue of this sub-paragraph— In section 28 (restrictions on disclosure of information)— In section 38 (restriction on institution of proceedings in England and Wales) after the words “except by an inspector or” there shall be inserted the words “ the Environment Agency or ”. In this paragraph—
In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified for membership of the House of Commons) the following entries shall be inserted at the appropriate places— and the like insertions shall be made in Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified for membership of the Northern Ireland Assembly).
“The Environment Agency.”;
“The Scottish Environment Protection Agency.”;
The Local Government (Scotland) Act 1975 shall be amended in accordance with the following provisions. In section 16 (borrowing and lending by local authorities and certain other bodies)— In Schedule 3 (further provision relating to borrowing and lending by local authorities and certain other bodies) in paragraph 28—
In section 44 of the Local Government (Miscellaneous Provisions) Act 1976 (interpretation of Part I of that Act) after subsection (1A) (certain provisions of that Act, including section 16 (obtaining information about land), to have effect as if the Broads Authority were a local authority) there shall be inserted—.
The Water (Scotland) Act 1980 shall be amended in accordance with the following provisions of this paragraph. In section 31(1) (consultation where limits of water supply adjoin any part of England) for paragraph (b) there shall be substituted— In section 33(3)(a) (notice of temporary discharge of water into watercourses)— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In Schedule 1—
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for the words from “Section 31(1)” to “such waters etc)” there shall be substituted the words “Section 30F (pollution offences)”; and
for the words “a river purification authority (within the meaning of that Act)” there shall be substituted the words “the Scottish Environment Protection Agency”.
In section 1 of the Road Traffic Regulation Act 1984 (traffic regulation orders outside Greater London) in subsection (1), after paragraph (f) (which allows a traffic regulation order to be made for preserving or improving the amenities of the area through which the road runs) there shall be addedor In section 6 of that Act (orders similar to traffic regulation orders in Greater London) in subsection (1)(b) (which allows orders in Greater London to be made for equivalent purposes to those in section 1(1)(a) to (f) of that Act) for the words “(a) to (f)” there shall be substituted the words “ (a) to (g) ”. In section 122(2) of that Act (matters to which, so far as practicable, regard is to be had by local authorities in exercising their functions under the Act) after paragraph (b) there shall be inserted—.
The Control of Pollution (Amendment) Act 1989 shall be amended in accordance with the following provisions of this paragraph. In section 2 (registration of carriers)— In section 4 (appeals to the Secretary of State against refusal of registration etc) after subsection (8) there shall be added— In section 6 (seizure and disposal of vehicles used for illegal waste disposal) for subsection (6) there shall be substituted— In section 7 (further enforcement provisions) in subsection (1) (which applies certain provisions of the Environmental Protection Act 1990) for the words “sections 68(3), (4) and (5), 69, 70 and 71” there shall be substituted the words “ section 71 ”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “regulation authority” means— and any reference to the area of a regulation authority shall accordingly be construed as a reference to any area in England and Wales or, as the case may be, in Scotland;
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In Schedule 4 to that Act (other powers etc. of licence holders) in paragraph 4(1)(b) (power for certain bodies to execute works involving alterations of electric lines or plant) for the words “National Rivers Authority” there shall be substituted the words “ Environment Agency ”.
In Schedule 5 to that Act (water rights) in paragraph 8(b) for the words “river purification authority within whose area the watercourse or loch affected is situated” there shall be substituted the words “ Scottish Environment Protection Agency ”.
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Without prejudice to the application of this paragraph in relation to consultation with the Forestry Commission, where the Minister is consulted pursuant to any provision of this paragraph—
In Schedule 6 to that Act (determination of certain appeals by person appointed by the Secretary of State) in paragraph 1(1) (power, in respect of appeals under certain provisions, to prescribe classes of appeals to be determined by an appointed person instead of by the Secretary of State), after “208,” there shall be inserted “ and paragraphs 6(11) and (12) and 11(1) of Schedule 13 and paragraph 9(1) of Schedule 14 to the Environment Act 1995, ”.
Section 1 of the Environmental Protection Act 1990 (interpretation of Part I) shall be amended in accordance with the following provisions of this paragraph. In subsection (7) (definition of “enforcing authority” in relation to England and Wales), for the words “the chief inspector or the local authority by whom” there shall be substituted the words “ the Environment Agency or the local authority by which ”. For subsection (8) (definition of “enforcing authority” in relation to Scotland) there shall be substituted— After subsection (13) there shall be added—
Section 4 of that Act (determination of authority by whom functions are exercisable) shall be amended in accordance with the following provisions of this paragraph. In subsection (2) (functions of the chief inspector etc in relation to prescribed processes designated for central control) for the words “the chief inspector appointed for England and Wales by the Secretary of State under section 16 below and, in relation to Scotland, of the chief inspector so appointed for Scotland or of the river purification authority, as determined under regulations made under section 5(1) below” there shall be substituted the words “ the appropriate Agency ”. In subsection (3) (discharge of functions designated for local control) for paragraphs (a) and (b) there shall be substituted—. In subsection (4) (directions transferring functions to the chief inspector) for the words “the chief inspector” there shall be substituted the words “ the Environment Agency ”. After that subsection there shall be inserted— In subsection (5) (effect of such a transfer)— In subsection (8) (giving or withdrawal of directions)— After subsection (8) there shall be inserted— For subsection (9) (which, among other things, imposed a duty on the chief inspector etc to follow developments in technology etc and which is partly superseded by this Act) there shall be substituted— In subsection (10) (duty of chief inspector etc to give effect to directions) for the words “the chief inspector, river purification authorities” there shall be substituted the words “ the Environment Agency, SEPA ”. In subsection (11) (meaning of “local authority”)—
Section 5 of that Act (further provision for Scotland as to discharge and scope of functions) shall cease to have effect.
In section 6 of that Act, in subsection (2) (fee payable on application for authorisation) after the words “shall be accompanied by” there shall be inserted—.
In section 7 of that Act (conditions of authorisations) in subsection (9) the words from “and, in relation to Scotland,” to the end of the subsection shall be omitted. At the end of subsection (12) of that section (definition of “relevant enactments” for the purposes of subsection (2)) there shall be added; and .
Section 8 of that Act (fees and charges for authorisations) shall be amended in accordance with the following provisions of this paragraph. In subsection (1) (payments to be charged by, or paid to, the enforcing authority in accordance with schemes), for the words “enforcing authority” there shall be substituted the words “ local enforcing authority ”. Subsection (4) (separate schemes for different descriptions of enforcing authority) shall cease to have effect. In subsection (7) (meaning of “relevant expenditure attributable to authorisations”)— In subsection (8) (power to revoke authorisation for non-payment of charge), for the words “enforcing authority” there shall be substituted the words “ local enforcing authority ”. Subsection (9) (payments by the Secretary of State to the National Rivers Authority) shall cease to have effect. For subsections (10) and (11) (special provision as respects Scotland) there shall be substituted—
Section 10 of that Act (variation of authorisations by enforcing authority) shall be amended in accordance with the following provisions of this paragraph. In subsection (3) (which provides for the variation specified in a variation notice to take effect on the date so specified unless the notice is withdrawn) after the words “unless the notice is withdrawn” there shall be inserted the words “ or is varied under subsection (3A) below ”. After that subsection there shall be inserted— In subsection (4) of that section, for paragraph (b) (requirement to pay the fee prescribed under section 8 of that Act) there shall be substituted— In subsection (8) of that section, in the definition of “vary”, after the word “ “vary”” there shall be inserted “ (a) ” and after the words “any of them;” there shall be added the wordsand .
In section 11 of that Act (application by holders of authorisations for variation of conditions etc) for subsection (9) (fees) there shall be substituted—
At the end of section 13 of that Act (enforcement notices) there shall be added—
Section 15 of that Act (appeals against certain authorisations and notices) shall be amended in accordance with the following provisions of this paragraph. In subsection (2) (appeals against variation notices, enforcement notices or prohibition notices to the Secretary of State) after the words “to the Secretary of State” there shall be added the words “ (except where the notice implements a direction of his). ” For subsection (3) (reference of matters involved in appeals under that section to, and determination of such appeals by, persons appointed by the Secretary of State) there shall be substituted— For subsection (5) (hearings) there shall be substituted— In subsection (10) (regulations about appeals) after paragraph (b) there shall be added— “ and any such regulations may make different provision for different cases or different circumstances. ”
Sections 16 to 18 of that Act (appointment of inspectors, powers of inspectors and others and power to deal with cause of imminent danger of serious harm) shall cease to have effect.
In section 19 of that Act (obtaining of information from persons and authorities) in subsection (2) (power of specified authorities by notice in writing to require provision of information)—
for paragraphs (c) and (d) (the chief inspector and river purification authorities) there shall be substituted—; and
after the words “service of the notice” there shall be inserted the words “ , or at such time, ”.
Section 20 of that Act (public registers of information) shall be amended in accordance with the following provisions of this paragraph. In subsection (2) (local registers also to contain prescribed particulars of relevance to the area which are contained in central registers) after the word “authority”, where it first occurs, there shall be inserted the words “ in England and Wales ” and for the words “the chief inspector or river purification authority”, in each place where they occur, there shall be substituted the words “ the Environment Agency ”. Subsection (3) (registers in Scotland) shall cease to have effect. In subsection (4) (port health authorities) after the word “authority” where it first occurs there shall be inserted the words “ in England and Wales ” and for the words “the chief inspector” there shall be substituted the words “ the Environment Agency ”. In subsection (7) (registers to be available for inspection by, and facilities for obtaining copies of entries to be afforded to, the public) after paragraph (b) there shall be added the words— “ and, for the purposes of this subsection, places may be prescribed by the Secretary of State at which any such registers or facilities as are mentioned in paragraph (a) or (b) above are to be available or afforded to the public in pursuance of the paragraph in question. ” Subsection (9) (duty to furnish the National Rivers Authority with information for purposes of its register) shall cease to have effect.
Section 22 of that Act (exclusion from registers of certain confidential information) shall be amended in accordance with the following provisions of this paragraph. In subsection (5) (information not to be entered on the register until expiration of certain time limits)— For subsection (6) (which applies subsections (3), (5) and (10) of section 15 in relation to appeals to the Secretary of State against decisions that information is not commercially confidential) there shall be substituted—
Section 23 of that Act (offences) shall be amended in accordance with the following provisions of this paragraph. In subsection (1) (offences) paragraphs (d) to (f) and (k) shall cease to have effect. In subsection (2)(a) (which provides for a fine not exceeding £20,000 on summary conviction of any offence under section 23(1)(a), (c) or (l)) after the words “£20,000” there shall be inserted the words “ or to imprisonment for a term not exceeding three months, or to both ”. Subsection (4) (punishment for offences under paragraph (d), (e), (f) or (k) of subsection (1)) shall cease to have effect. Subsection (5) (right of inspector to prosecute before a magistrates’ court if authorised to do so by the Secretary of State) shall cease to have effect.
In section 27 of that Act (power of chief inspector etc to remedy harm) in subsection (1), for the words “the chief inspector or, in Scotland, a river purification authority” there shall be substituted the words “ the appropriate Agency ”. In subsection (2) of that section (powers not to be exercised without the Secretary of State’s written approval) for the words from “The chief inspector” to “their” there shall be substituted the words “ The Environment Agency or SEPA, as the case may be, shall not exercise its ”.
In section 28 of that Act, in subsection (1) (which includes provision that the enforcing authority shall notify the waste regulation authority if a process involves final disposal of controlled waste by deposit in or on land) the words from “but the enforcing authority shall notify” onwards shall cease to have effect. Subsections (3) and (4) of that section (which involve liaison between the enforcing authority and the National Rivers Authority) shall cease to have effect.
Section 30 of that Act (authorities for purposes of Part II) shall be amended in accordance with the following provisions of this paragraph. For subsection (1) (waste regulation authorities) there shall be substituted— In subsection (4) of that section (construction of references to authorities constituted as particular descriptions of authority and provision for the section to be subject to orders under section 10 of the Local Government Act 1985 establishing authorities for certain purposes)— shall cease to have effect. Subsections (6) (definition of “river purification authority”), (7) and (8) (which relate to authorities which are both waste disposal and waste regulation authorities) shall cease to have effect.
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In section 33 of that Act (prohibition on unauthorised or harmful deposit, treatment or disposal etc of waste) in subsection (7) (defences) for paragraph (c) there shall be substituted—
In section 34 of that Act (duty of care etc as respects waste), after subsection (3) (which specifies the persons who are authorised persons for the purposes of subsection (1)(c)) there shall be inserted—
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Section 61 of that Act (duty of waste regulation authorities as respects closed landfills) shall cease to have effect.
Section 62 of that Act (special provision with respect to certain dangerous and intractable waste) shall be amended in accordance with the following provisions of this paragraph. In subsection (3), for paragraph (a) (regulations providing for the supervision of certain activities and the recovery of the costs from persons carrying on the activities) there shall be substituted—. After that subsection (which also includes provision for regulations to provide for appeals to the Secretary of State) there shall be added—
In section 63 of that Act (waste other than controlled waste) for subsection (2) (offences relating to the deposit of waste which is not controlled waste but which, if it were such waste, would be special waste) there shall be substituted—
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In section 71 of that Act (obtaining of information from persons and authorities) subsection (1) (which is superseded by this Act) shall cease to have effect. In subsection (2) of that section (power by notice to require a person to furnish information within such period as may be specified in the notice) after the words “service of the notice” there shall be inserted the words “ , or at such time, ”.
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Section 75 of that Act (meaning of “waste” etc.) shall be amended in accordance with the following provisions of this paragraph. For subsection (2) (definition of “waste”) there shall be substituted— Subsection (3) (presumption that anything discarded is waste unless the contrary is proved) shall cease to have effect. After subsection (9) there shall be added—
Section 79 of that Act (statutory nuisances) shall be amended in accordance with the following provisions of this paragraph. In subsection (1) (the paragraphs of which specify, subject to subsections (2) to (6A), the matters which constitute statutory nuisances) for the words “Subject to subsections (2) to (6A) below” there shall be substituted the words “ Subject to subsections (1A) to (6A) below ”. After that subsection there shall be inserted—.
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Section 143 of that Act (public registers of land which may be contaminated) shall cease to have effect.
In section 161 of that Act (regulations and orders) in subsection (4) (which specifies the orders under that Act which are not subject to negative resolution procedure under subsection (3)) after the words “does not apply to” there shall be inserted the wordsa statutory instrument— .
Schedule 1 to that Act (authorisations for processes: supplementary provisions) shall be amended in accordance with the following provisions of this paragraph. In Part I (grant of authorisations) in paragraph 3(3) (local inquiry or hearing to be held where request to be heard made by the applicant or the local enforcing authority) for the words “the local enforcing authority” there shall be substituted the words “ the enforcing authority ”. In Part II (variation of authorisations) in paragraph 6, at the beginning of sub-paragraph (1) there shall be inserted the words “ Except as provided by sub-paragraph (1A) below, ”. After that sub-paragraph there shall be inserted— After paragraph 7 (applications for variation) there shall be inserted—
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After Schedule 2A to that Act there shall be inserted—
The Natural Heritage (Scotland) Act 1991 shall be amended in accordance with the following provisions of this paragraph. In section 15— In section 17— In section 18— In section 24— After section 26 there shall be inserted— In Schedule 5— In Schedule 6— In Schedule 8, in paragraph 1—
In section 3 of the Water Industry Act 1991 (general environmental and recreational duties) in subsection (4) (which imposes duties on the Director and relevant undertakers in relation to proposals relating to functions of the National Rivers Authority etc) for the words “the NRA”, in each place where they occur, there shall be substituted the words “ the Environment Agency ”.
In section 5 of that Act (codes of practice with respect to environmental duties) in subsection (4), in paragraph (a) (which requires consultation with the National Rivers Authority) for the words “the NRA” there shall be substituted the words “ the Environment Agency ”.
In section 40 of that Act (bulk supplies of water) in subsection (5) (which requires the Director to consult the National Rivers Authority before making an order) for the words “the NRA” there shall be substituted the words “ the Environment Agency ”.
In section 40A of that Act (variation and termination of bulk supply agreements) in subsection (3) (which requires the Director to consult the National Rivers authority before making an order) for the words “the NRA” there shall be substituted the words “ the Environment Agency ”.
In section 71 of that Act (waste from water resources) in subsection (6) (power of court to authorise the National Rivers Authority to take steps to execute an order) for the words “the NRA” there shall be substituted— In subsection (7) (powers of entry etc of persons designated by the National Rivers Authority) for the words “the NRA” in each place where it occurs there shall be substituted the words “ the Environment Agency ”.
After section 93 of that Act (interpretation of Part III) there shall be inserted—.
After section 101 of that Act (which provides for the determination of certain details in relation to requisitioned sewers) there shall be inserted—.
In section 110A of that Act (new connections with public sewers) in subsection (6) (which requires the Director to consult the National Rivers Authority before making an order) for the words “the NRA” there shall be substituted the words “ the Environment Agency ”.
Section 120 of that Act (application for the discharge of special category effluent) shall be amended in accordance with the following provisions of this paragraph. In subsection (1) (sewerage undertakers to refer certain questions to the Secretary of State) for the words “the Secretary of State” there shall be substituted the words “ the Environment Agency ”. In subsection (4) (undertaker not to give consent etc until Secretary of State gives notice of his determination of the questions) for the words “the Secretary of State” there shall be substituted the words “ the Environment Agency ”. For subsections (7) and (8) (enforcement by Secretary of State) there shall be substituted—
In section 123 of that Act (appeals with respect to the discharge of special category effluent) for the words “the Secretary of State” or “the Secretary of State’s”, wherever occurring, there shall be substituted respectively the words “ the Environment Agency ” or “ the Environment Agency’s ”.
In section 127 of that Act (review by the Secretary of State of consents relating to special category effluent) for the words “the Secretary of State” or “the Secretary of State’s”, wherever occurring, there shall be substituted respectively the words “ the Environment Agency ” or “ the Environment Agency’s ”.
Section 130 of that Act (reference to the Secretary of State of agreements relating to special category effluent) shall be amended in accordance with the following provisions of this paragraph. For the words “the Secretary of State”, wherever occurring, there shall be substituted the words “ the Environment Agency ”. For subsections (5) and (6) (enforcement by Secretary of State) there shall be substituted—
In section 131 of that Act (review by the Secretary of State of agreements relating to special category effluent) for the words “the Secretary of State” or “the Secretary of State’s”, wherever occurring, there shall be substituted respectively the words “ the Environment Agency ” or “ the Environment Agency’s ”.
Section 132 of that Act (powers and procedure on references and reviews) shall be amended in accordance with the following provisions of this paragraph. For the words “the Secretary of State”, wherever occurring, there shall be substituted the words “ the Environment Agency ”. In subsection (2)(b) of that section (duty of the Secretary of State to consider representations or objections duly made to him) for the words “him” and “he” there shall be substituted the word “ the Agency ”. In subsection (6) of that section (section 121(1) and (2) not to restrict power to impose conditions under subsection (4)(b)) for the word “he” there shall be substituted the words “ the Agency ”. Subsection (7) (powers of entry) shall cease to have effect.
In section 133 of that Act (effect of determination on reference or review) for subsection (4) (duties of sewerage undertaker to be enforceable under section 18 by the Secretary of State) there shall be substituted—
In section 134 of that Act (compensation in respect of determinations made for the protection of public health etc)—
for the words “the Secretary of State” or “the Secretary of State’s”, wherever occurring, there shall be substituted respectively the words “ the Environment Agency ” or “ the Environment Agency’s ”; and
in subsection (2)(b) for the word “him” there shall be substituted the words “ the Agency ”.
After section 135 there shall be inserted—
Section 142 of that Act (powers of undertakers to charge) shall be amended in accordance with the following provisions of this paragraph. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After subsection (3) (restriction on charging by agreement for trade effluent functions) there shall be inserted—
In section 143 of that Act (charges schemes) after subsection (3) (charges which may be imposed in certain cases) there shall be inserted—
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In section 161 of that Act (power to deal with foul water and pollution) in subsections (3) and (4) for the words “the NRA”, wherever occurring, there shall be substituted the words “ the Environment Agency ”.
In section 166 of that Act (consents for certain discharges under section 165) in subsection (1) (which requires the consent of the National Rivers Authority to certain discharges) for the words “the NRA” there shall be substituted the words “ the Environment Agency ”.
In section 184 of that Act (power of certain undertakers to alter public sewers etc) in subsection (1) for the words “NRA”, in each place where it occurs, there shall be substituted the words “ Environment Agency ”.
In section 202 of that Act (duties of undertakers to furnish the Secretary of State with information) in subsection (6) (which defines the expression “the other consolidation Acts”) for the words “the NRA” there shall be substituted the words “ the Environment Agency ”.
In section 206 of that Act (restriction on disclosure of information) in subsection (2) (information furnished under section 196 or 204) the words “196 or” shall cease to have effect. In subsection (3)(a) of that section (exception for disclosure of information for purposes of functions under certain enactments)— In subsection (4), in paragraph (a) (which provides that nothing in subsection (1) shall limit the matters which may be included in reports made by specified bodies under specified enactments)—
In section 209 of that Act (civil liability of undertakers for escapes of water etc) in subsection (3) (exceptions for loss sustained by other public undertakers) for the words “the NRA” there shall be substituted the words “ the Environment Agency ”.
In section 215 of that Act (local inquiries) in subsection (3) (application of section 250(4) of the Local Government Act 1972 in relation to the National Rivers Authority) for the words “the NRA”, in each place where they occur, there shall be substituted the words “ the Environment Agency ”.
In section 217 of that Act (construction of provisions conferring powers by reference to undertakers’ functions) for the words “NRA”, wherever occurring, there shall be substituted the words “ Environment Agency ”.
In section 219 of that Act (general interpretation) in subsection (1)—
the definition of “the NRA” shall be omitted; and
subject to that, for the words “the NRA”, wherever occurring, there shall be substituted the words “ the Environment Agency ”.
In Schedule 11 to that Act (orders conferring compulsory works powers) in paragraph 1(3) (persons on whom copy notices are to be served) in paragraph (a), for the words “the NRA” there shall be substituted the words “ the Environment Agency ”.
In Schedule 13 to that Act (protective provisions in respect of certain undertakers) in paragraph 1, in sub-paragraphs (2) and (5)(a), for the words “the NRA”, wherever occurring, there shall be substituted the words “ the Environment Agency ”.
Subject to the other provisions of this Act, in the Water Resources Act 1991, for the word “Authority” or “Authority’s”, wherever occurring, other than in section 119(1), there shall be substituted respectively the word “ Agency ” or “ Agency’s ”.
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In section 15 of that Act (general duties with respect to the water industry), in subsection (2)(a) (provisions conferring powers in the exercise of which the Ministers are to take into account the duties imposed on the Agency by subsection (1)) after the words “by virtue of” there shall be inserted the words “ the 1995 Act, ”.
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In section 20 of that Act (water resources management schemes) in subsection (1) of that section (duty to enter into arrangements with water undertakers for the management or operation of certain waters etc) for the words “section 19(1) above” there shall be substituted the words “ section 6(2) of the 1995 Act ”.
In section 21 of that Act (minimum acceptable flows) in subsection (3), at the end of paragraph (f) (consultation with person authorised by a licence under Part I of the Electricity Act 1989 to generate electricity) there shall be added the words “ who has a right to abstract water from those waters ”. In subsection (4)(b) of that section (which refers to certain enactments which are repealed, but whose effect is reproduced, by this Act) for the words “sections 2(2), 16 and 17 above” there shall be substituted the words “ sections 6(1), 7 and 8 of the 1995 Act ”.
In section 43 of that Act (appeals to the Secretary of State from decisions with respect to licences) after subsection (1) there shall be inserted—
In section 50 of that Act, in subsection (1) (power to make regulations, in relation to cases to which section 49 applies, for conferring succession rights to abstraction licences where a person becomes the occupier of part of the relevant land) for the words “cases to which section 49 above applies” there shall be substituted the words “ cases in which the holder of a licence under this Chapter to abstract water (“the prior holder”) is the occupier of the whole or part of the land specified in the licence as the land on which water abstracted in pursuance of the licence is to be used (“the relevant land”) ”. That section shall have effect, and be taken always to have had effect, as if it had originally been enacted with the amendment made by sub-paragraph (1) above.
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Section 73 of that Act (power to make ordinary and emergency drought orders) shall be amended in accordance with the following provisions of this paragraph. In subsection (1) (power to make ordinary drought orders) for the words from the beginning to “then” there shall be substituted the words—. In subsection (3) (power to make drought order not to be exercisable except where an application is made by the National Rivers Authority or a water undertaker)—
After section 79 of that Act (compensation and charges where drought order made) there shall be inserted—
In section 80 of that Act (offences against drought orders)—
in subsection (1)(a) (taking or using water otherwise than in accordance with any condition or restriction imposed by or under a drought order) for the words “so imposed” there shall be substituted the words “imposed by or under any drought order or by any drought permit”;
in subsection (2)(a) (failure to construct or maintain measuring apparatus required by any drought order) after the words “by any drought order” there shall be inserted the words “or drought permit”; and
in subsection (2)(b) (failure to allow person authorised by or under any such order to inspect etc apparatus or records) after the words “by or under any such order” there shall be inserted the words “or by virtue of any such permit”.
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In section 92 of that Act (requirements to take precautions against pollution) after subsection (2) (which includes provision for regulations to provide for appeals to the Secretary of State) there shall be added—
In section 96 of that Act (regulations with respect to consents required by virtue of section 93 etc, including provision with respect to appeals) after subsection (3) there shall be added—
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In section 110 of that Act (applications for consents and approvals under section 109) in subsection (1) (which confers power to charge an application fee of £50 or such other sum as may be specified by order made by the Ministers) for the words “specified by order made by the Ministers” there shall be substituted the word “prescribed”. In subsection (4)(b) of that section (which provides for questions as to unreasonable withholding of any consent or approval to be referred to the Ministers or the Secretary of State if the parties cannot agree on an arbitrator) for the words “the Ministers” there shall be substituted the words “the Minister”. After subsection (5) of that section there shall be inserted—
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Section 118 of that Act (special duties with respect to flood defence revenue) shall be amended in accordance with the following provisions of this paragraph. In subsection (1)(b) (such revenue to be disregarded in determining the amount of any surplus for the purposes of section 117(3)) for the words “section 117(3) above” there shall be substituted the words “section 44(4) of the 1995 Act”. In subsection (2)(b) (flood defence revenue to include revenue raised by general drainage charges under sections 134 to 136) for the words “to 136” there shall be substituted the words “and 135”.
In section 119 of that Act (duties with respect to certain funds raised under local enactments) for subsection (1) (duty of the National Rivers Authority, in respect of funds created for fishery purposes under local enactments, not to use those funds except for the purposes for which they could have been used if the Water Resources Act 1963 had not been passed) there shall be substituted— In subsection (2) of that section (certain funds raised under local enactments to be disregarded in determining the amount of any surplus for the purposes of section 117(3)) for the words “section 117(3) above” there shall be substituted the words “section 44(3) of the 1995 Act”.
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In section 154 of that Act (compulsory purchase etc) in subsection (6), for the words “(including section 4 above) or otherwise” there shall be substituted the words “or otherwise (including section 37 of the 1995 Act (incidental general powers of the Agency))”.
In section 156 of that Act (acquisition of land etc for fisheries purposes) for the words “Without prejudice to section 4 above”, in each place where they occur, there shall be substituted the words “Without prejudice to section 37 of the 1995 Act (incidental general powers of the Agency)”.
In section 157 of that Act (restriction on disposals of compulsorily acquired land) for subsection (6) (meaning of “compulsorily acquired land”) there shall be substituted—
In section 158 of that Act (works agreements for water resources purposes) in subsection (1) (which is expressed to be without prejudice to the generality of the powers conferred by section 4) for the words “section 4 above” there shall be substituted the words “section 37 of the 1995 Act (incidental general powers of the Agency)”.
Section 161 of that Act (anti-pollution works and operations) shall be amended in accordance with the following provisions of this paragraph. In subsection (1) (power, subject to subsection (2), to carry out works and operations etc) for the words “Subject to subsection (2) below,” there shall be substituted the words “Subject to subsections (1A) and (2) below,”. After that subsection there shall be inserted—
After that section there shall be inserted—
In section 162 of that Act (other powers to deal with foul water or pollution) in subsection (1) (which refers to section 161 of that Act) for the words “section 161” there shall be substituted the words “sections 161 to 161D”.
In section 166 of that Act (power to carry out works for purposes of flood warning system) in subsection (1) (which is expressed to be without prejudice to the Agency’s other powers by virtue of section 4) for the words “section 4 above” there shall be substituted the words “section 37 of the 1995 Act (incidental general powers of the Agency)”.
In section 169 of that Act (powers of entry for enforcement purposes) at the beginning of subsection (3) there shall be inserted the words “Subject to subsection (4) below,” and after that subsection there shall be added—
In section 172 of that Act (powers of entry for other purposes) at the beginning of subsection (3) there shall be inserted the words “Subject to subsection (3A) below,” and after that subsection there shall be added—
In section 174 of that Act (impersonation of persons exercising powers of entry) in subsection (1) (which creates a summary offence punishable by a fine not exceeding level 4) for the words from “liable, on summary conviction,” onwards there shall be substituted the wordsliable—
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Section 190 of that Act (pollution control register) shall be amended in accordance with the following provisions of this paragraph. In subsection (1) (which requires a register to be kept containing prescribed particulars of the items there specified) after the words “prescribed particulars of” there shall be inserted the words “or relating to”. Paragraph (d) of that subsection (which relates to certificates under paragraph 1(7) of Schedule 10) shall be omitted. Paragraph (f) of that subsection, and the word “and” immediately preceding it, shall be omitted and at the end of that subsection there shall be added— In subsection (2) (registers to be available for inspection by, and facilities for obtaining copies of entries to be afforded to, the public) after paragraph (b) there shall be added the words— “ and, for the purposes of this subsection, places may be prescribed by the Secretary of State at which any such registers or facilities as are mentioned in paragraph (a) or (b) above are to be available or afforded to the public in pursuance of the paragraph in question. ” After subsection (3) there shall be added—
After section 191 of that Act (register for the purposes of works discharges) there shall be inserted—
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In section 202 of that Act (information and assistance required in connection with the control of pollution) in subsection (4) (which creates a summary offence punishable by a fine not exceeding level 5 on the standard scale) for the words from “liable, on summary conviction,” onwards there shall be substituted the wordsliable— Subsection (5) of that section (which is superseded in consequence of the amendment made by sub-paragraph (1) above) shall cease to have effect.
Section 204 of that Act (restriction on disclosure of information with respect to any particular business) shall be amended in accordance with the following provisions of this paragraph. In subsection (2)(a) (exception for disclosure of information for purposes of functions under certain enactments)— In subsection (3), in paragraph (a) (which provides that nothing in subsection (1) shall limit the matters which may be included in reports made by specified bodies under specified enactments)— In paragraph (b) of that subsection, after the words “that Act” there shall be inserted the words “of 1991”.
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in subsection (2), the words “Subject to subsection (3) below,”, and
subsection (3) (which restricts certain powers to make regulations),
Section 221(1) of that Act (general interpretation) shall be amended in accordance with the following provisions of this paragraph. “the 1995 Act” means the Environment Act 1995; “the Agency” means the Environment Agency; The definition of “the Authority” shall be omitted. The definition of “constituent council” shall be omitted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “flood defence functions”, in relation to the Agency, means— “flood defence provisions”, in relation to this Act, means— “the related water resources provisions”, in relation to Chapter II of Part II of this Act, means— In the definition of “water pollution provisions”—
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In Schedule 5 to that Act (procedure relating to statements on minimum acceptable flow) in paragraph 2(3)(g) (copy of notice to be served on person authorised by a licence under Part I of the Electricity Act 1989 to generate electricity) after the words “to generate electricity” there shall be added the words “who has a right to abstract water from any such waters or related inland waters”.
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In Schedule 11 to that Act (water protection zone orders) in paragraph 4 (which is expressed to be without prejudice to section 213 of that Act) for the words “section 213 of this Act” there shall be substituted the words “section 53 of the 1995 Act (inquiries and other hearings)”.
In Schedule 12 to that Act (nitrate sensitive area orders) in paragraph 6 (which is expressed to be without prejudice to section 213 of that Act) for the words “section 213 of this Act” there shall be substituted the words “section 53 of the 1995 Act (inquiries and other hearings)”.
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in sub-paragraph (2), in paragraphs (a) and (b) (which contain references to paragraph 4 of Schedule 10) for the word “4”, in each place where it occurs, there shall be substituted the word “5”;
in sub-paragraph (3) (which contains references to various provisions of Schedule 10) for the words “paragraphs 1(4) to (6) and 2(1) or, as the case may be, paragraph 4(3)” there shall be substituted the words “paragraph 1(1), apart from paragraph (a), paragraph 2 or, as the case may be, paragraph 5(3)”; and
in sub-paragraph (4)(a) (which contains a reference to paragraph 2(5) of Schedule 10) for the words “2(5)” there shall be substituted the words “3(4)”.
In Schedule 15 to that Act (supplemental provisions with respect to drainage charges) in paragraphs 4(3) and 9(4) (which specify the penalty for certain offences of failing, and after conviction continuing, without reasonable excuse, to comply with notices) after the words “he continues without reasonable excuse” there shall be inserted the words “to fail”. In paragraph 12(2) of that Schedule (which is expressed to be without prejudice to powers by virtue of section 4 or paragraph 5 of Schedule 1) for the words “section 4 of this Act and paragraph 5 of Schedule 1 to this Act” there shall be substituted the words “section 37 of, and paragraph 6 of Schedule 1 to, the 1995 Act”.
In Schedule 20 to that Act (supplemental provisions with respect to powers of entry) in paragraph 7 (which creates an offence of obstruction, punishable on summary conviction by a fine not exceeding level 3) for the words from “liable, on summary conviction,” onwards there shall be substituted the wordsliable—
In Schedule 22 to that Act (protection for particular undertakings) in paragraph 5 (protection for telecommunication systems) for the words “section 4(1) of this Act)” there shall be substituted the words “section 37 of the 1995 Act)”.
In Schedule 25 to that Act (byelaw-making powers) in paragraph 1(1), for the words “paragraphs (a), (c) and (d) of section 2(1) of this Act” there shall be substituted the words “sub-paragraphs (i), (iii) and (v) of section 2(1)(a) of the 1995 Act”.
In the Land Drainage Act 1991, for the words “NRA”, wherever occurring, there shall be substituted the word “ Agency ”.
In section 23 of that Act (prohibition on obstructions etc in watercourses) in subsection (2) (which confers power to charge an application fee of £50 or such other sum as may be specified by order made by the Ministers) for the words “specified by order made by the Ministers” there shall be substituted the word “prescribed”. After subsection (7) of that section there shall be inserted—
At the beginning of Part V of that Act (miscellaneous and supplemental provisions) there shall be inserted—
“the Agency” means the Environment Agency; In that subsection, the definition of “the NRA” shall be omitted.
In section 2 of the Clean Air Act 1993 (emission of dark smoke from industrial or trade premises) in subsection (5) (which creates a summary offence punishable with a fine not exceeding level 5 on the standard scale) for the words “level 5 on the standard scale” there shall be substituted the words “£20,000”.
Section 19 of that Act (power to require creation of smoke control areas by local authorities) as it applies to Scotland shall be amended in accordance with the following provisions of this paragraph. In subsection (1)— In subsections (2), (3), (4)(a) and (6), for the words “Secretary of State” there shall be substituted the words “Agency”. In subsection (3), for the word “him” there shall be substituted the word “it”. In subsection (4), before the words “the Secretary of State” in the second place where they occur there shall be inserted the words “the Agency, with the consent of”.
In section 59 of that Act (local inquiries) in subsection (1)— and for the side-note to that section there shall accordingly be substituted “Inquiries.”.
for the words “a local inquiry” there shall be substituted the words “an inquiry”; and
for the words “such an inquiry” there shall be substituted the words “an inquiry”;
In section 60(7)(b) of that Act as it applies to Scotland for the words “the Secretary of State” and “Secretary of State’s” there shall be substituted the words “SEPA” and “SEPA’s” respectively.
In section 63(1)(c) of that Act as it applies to Scotland for the words “sections 19(4) and” there shall be substituted the words “section”.
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In section 40 of that Act (radioactivity to be disregarded for purposes of certain statutory provisions) in subsection (2)(b)(ii), after the words “imposed by the statutory provision on” there shall be inserted the words “the Environment Agency or SEPA or on”.
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the following entries shall be inserted at the appropriate place—
the appropriate Agency section 47(1)
SEPA section 47(1)
the entry relating to the chief inspector shall be omitted.
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In Schedule 3 to that Act (enactments, other than local enactments, to which s.40 applies) in paragraph 9 (which specifies certain provisions in the Water Resources Act 1991) for the words “203 and 213” there shall be substituted the words “and 203”. For paragraph 16 of that Schedule there shall be substituted—
In Schedule 9 to the Local Government (Wales) Act 1994 (which makes provision for the transfer to the new principal councils in Wales of functions in relation to public health and related matters), in paragraph 17(2) (which amends the definitions of waste regulation and disposal authorities for the purposes of Part II of the Environmental Protection Act 1990) for the words “each of subsections (1)(f) and (2)(f)” there shall be substituted the words “subsection (2)(f)”.
In section 2(2) of the Local Government etc. (Scotland) Act 1994 (constitution of councils) after the words “this Act” there shall be inserted the words “and of the Environment Act 1995”. In Schedule 13 to that Act (minor and consequential amendments) in paragraph 75(27) (which amends certain provisions of the Sewerage (Scotland) Act 1968) for the words from the beginning to “premises)” there shall be substituted the words “In section 53 (notices to be in writing)”.
In any subordinate legislation or local statutory provisions, for any reference (however framed) to the National Rivers Authority, and for any reference which falls to be construed as such a reference, there shall be substituted a reference to the Agency. In any subordinate legislation, for any reference (however framed) to a relevant inspector, and for any reference which falls to be construed as such a reference, there shall be substituted a reference to the appropriate Agency. The provisions of this paragraph are subject to the other provisions of this Act and to any provision made under or by virtue of this Act. In this paragraph—
Section 120.
In this Part of this Schedule, the “transfer date” has the same meaning as in Part I of this Act.
Any directions given to the National Rivers Authority for the purposes of section 19 of the Water Resources Act 1991 shall have effect on and after the transfer date as directions given to the Agency for the purposes of section 6(2) of this Act.
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it had been established by the Agency,
the area by reference to which that committee was established had been determined by the Agency, and
in the case of a regional advisory committee, the chairman of that committee had been appointed,
Without prejudice to section 55 of this Act, any charging scheme— shall, subject to the provisions of section 41 of this Act, have effect on and after the transfer date, with any necessary modifications, and for the remainder of the period for which the charging scheme would have been in force apart from any repeal made by this Act, as a scheme made under that section by the transferee in accordance with section 42 of this Act. Any costs or expenses incurred before the transfer date by any person in carrying out functions transferred to a new Agency by or under this Act may be treated for the purposes of subsections (3) and (4) of section 42 of this Act as costs or expenses incurred by that new Agency in carrying out those functions. In this paragraph—
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Notwithstanding the repeal by this Act of subsection (9) of section 135 of the Local Government (Scotland) Act 1973 (application to river purification board of certain provisions of that Act), the provisions applied to a river purification board by virtue of that section shall, as respects the period between the end of the last financial year in respect of which accounts have been made up by the board and the transfer date, continue to apply in relation to the board; but anything which shall or may be done or enjoyed, or any access, inspection or copying which shall or may be allowed, under or by virtue of any of those provisions or of section 118 of that Act (financial returns) by, or by an officer of, the board shall, or as the case may be may, after the transfer date, be done, enjoyed or allowed by, or by an officer of, SEPA in place of the board or of an officer of the board.
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Any dispensation which was granted under the proviso to subsection (5) of section 9 of the Alkali, &c, Works Regulation Act 1906 before the transfer date and which would, apart from this Act, have been in force on that date shall have effect on and after that date notwithstanding the repeal of that proviso by this Act.
Such of the administrative and departmental records (in whatever form or medium) of a transferor as are transferred to and vested in the Agency by or under section 3 of this Act shall be treated for the purposes of the Public Records Act 1958 as administrative or departmental records of the Agency. In this paragraph, “transferor” means any body or person any or all of whose administrative and departmental records are transferred to and vested in the Agency by or under section 3 of this Act.
Nothing in this Act shall prevent the completion on or after the transfer date of any investigation begun before that date under the Parliamentary Commissioner Act 1967 in pursuance of a complaint made in relation to the National Rivers Authority. Nothing in this Act shall prevent the making on or after the transfer date of a complaint under that Act in respect of any action which was taken by or on behalf of the National Rivers Authority before that date. Notwithstanding the amendment of that Act by paragraph 11 of Schedule 22 to this Act, the provisions of that Act shall have effect on and after the transfer date in relation to any complaint to which sub-paragraph (1) or (2) above applies and to its investigation as they would have had effect before that date; but, in relation to any such complaint, the Agency shall on and after that date stand in the place of the National Rivers Authority for the purposes of this paragraph.
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Nothing in this Act shall prevent the completion on or after the transfer date by a Local Commissioner of any investigation which he began to conduct before that date and which is an investigation under Part III of the Local Government Act 1974 in pursuance of a complaint made in relation to the National Rivers Authority. Nothing in this Act shall prevent the making on or after the transfer date of a complaint under Part III of that Act in respect of any action which was taken by or on behalf of the National Rivers Authority before that date. Notwithstanding the amendment of Part III of that Act by paragraph 18 of Schedule 22 to this Act, the provisions of that Part shall have effect on and after the transfer date in relation to any complaint to which sub-paragraph (1) or (2) above applies and to its investigation as they would have had effect before that date; but, in relation to any such complaint, the Agency shall on and after that date stand in the place of the National Rivers Authority for the purposes of this paragraph.
As respects England and Wales, any resolution passed in pursuance of section 11 of the Control of Pollution Act 1974 (special provision for land occupied by disposal authorities: resolutions etc) which is in force immediately before the day on which the repeals in that section made by this Act come into force shall have effect on and after that day as if it were a waste management licence granted by the Environment Agency under Part II of the Environmental Protection Act 1990 subject to the conditions specified in the resolution pursuant to subsection (3)(e) of that section.
Any approval or certificate given under or by virtue of section 8(2), 9(1) or 11(4) of the Salmon and Freshwater Fisheries Act 1975 by a Minister of the Crown before the transfer date shall, so far as is required for continuing its effect on and after that date, have effect as if given by the Agency. Any application for the grant of an approval or certificate by a Minister of the Crown under or by virtue of any of the provisions specified in sub-paragraph (1) above which, at the transfer date, is in the process of being determined shall on and after that date be treated as having been made to the Agency. Any notice given by a Minister of the Crown under section 11(2) of that Act before the transfer date shall, so far as is required for continuing its effect on and after that date, have effect as if given by the Agency. Any extension of a period granted by a Minister of the Crown under section 11(3) of that Act before the transfer date shall, so far as is required for continuing its effect on and after that date, have effect as if granted by the Agency. Without prejudice to section 16 or 17 of the Interpretation Act 1978, any exemption granted under subsection (1) or (2) of section of the Salmon and Freshwater Fisheries Act 1975 which is in force immediately before the substitution date shall have effect on and after that date as an exemption granted by the Agency under subsection (2) or, as the case may be, subsection (3) of section 14 of that Act as substituted by paragraph 13 of Schedule 15 to this Act. Any grating constructed and placed in a manner and position approved under section 14(3) of that Act as it had effect before the substitution date (including a grating so constructed and placed at any time as a replacement for a grating so constructed and placed) shall, if— be taken for the purposes of section 14 of that Act, as substituted by paragraph 13 of Schedule 15 to this Act, to be a screen which complies with the requirements of subsection (2)(a) or (3)(a) of that section, according to the location of the grating, and with the requirements of subsections (4) to (6) of that section. Any notice given, or objection made, under subsection (2) of section 18 of that Act before the transfer date shall, so far as is required for continuing its effect on and after that date, have effect as a notice given under that subsection as it has effect on and after that date. In this paragraph—
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Subject to sub-paragraph (2) below, if, at the transfer date, the content of the strategy required by section 44A of the Evironmental Protection Act 1990 has not been finally determined, any plan or modification under section 50 of that Act, in its application to England and Wales, whose content has been finally determined before that date shall continue in force until the contents of the strategy are finally determined, notwithstanding the repeal by this Act of that section. If the strategy required by section 44A of that Act consists, or is to consist, of more than one statement, sub-paragraph (1) above shall apply as if—
If, at the transfer date, the content of the strategy required by section 44B of that Act has not been finally determined, any plan or modification under section 50 of that Act, in its application to Scotland, whose content has been finally determined before that date shall continue in force until the contents of the strategy are finally determined, notwithstanding the repeal by this Act of that section.
This paragraph applies to— which is in force on the transfer date. A resolution to which this paragraph applies shall continue in force— In relation to a resolution continued in force by sub-paragraph (2) above, the said section 54 shall have effect subject to the amendments set out in the following provisions of this paragraph. In subsection (2), for paragraph (b) there shall be substituted—. In subsection (3) for paragraph (b) there shall be substituted— Subsections (4) to (7) shall cease to have effect. For subsections (8) and (9) there shall be substituted— In subsection (10)— Subsections (11) to (15) shall cease to have effect.
Where, before the coming into force of the repeal by this Act of section 151 of the Water Industry Act 1991 (financial contributions to rural services), the Secretary of State has received an application from a relevant undertaker for a contribution under that section, he may, notwithstanding the coming into force of that repeal— Notwithstanding the coming into force of the repeal by this Act of that section—
Notwithstanding any provision restricting the power of the Agency to grant a licence under Chapter II of Part II of the Water Resources Act 1991 (abstracting or impounding of water), or the power of the Secretary of State to direct the Agency to grant such a licence, the Agency may grant, and the Secretary of State may direct it to grant, such licences as are necessary to ensure that water may continue to be abstracted or impounded by or on behalf of the Crown in the manner in which, and to the extent to which,—
it may be so abstracted or impounded immediately before the coming into force of sub-paragraph (4) of paragraph 2 of Schedule 21 to this Act in relation to that Chapter, or
it has been so abstracted or impounded at any time in the period of five years immediately preceding the coming into force of that sub-paragraph in relation to that Chapter.
This paragraph applies to any consent— On and after the transfer date, a consent to which this paragraph applies—
Where a person is disqualified for membership of a regional flood defence committee by virtue of having been adjudged bankrupt before the coming into force of the Insolvency Act 1986, the rules applicable apart from the repeals made by the Consequential Provisions Act or this Act, rather than paragraph 3(2) of Schedule 5 to this Act, shall apply for determining when that disqualification shall cease.
In any case where— the scheme or committee shall continue to be so treated or, as the case may be, the person shall continue so to hold office, notwithstanding the provisions of section 18 of, or Schedule 5 to, this Act or the repeal of any enactment by this Act. Where a person is disqualified for membership of a local flood defence committee by virtue of having been adjudged bankrupt before the coming into force of the Insolvency Act 1986, the rules applicable apart from the repeals made by the Consequential Provisions Act or this Act, rather than paragraph 3(2) of Schedule 5 to this Act, shall apply for determining when that disqualification shall cease.
In this Part of this Schedule, “the Consequential Provisions Act” means the Water Consolidation (Consequential Provisions) Act 1991.
Section 120. Reference Short title or title Extent of repeal orrevocation . . . . . . . . . . . . 6 Edw. 7. c. 14. The Alkali, &c, Works Regulation Act 1906. In section 9, the proviso to subsection (5). Section 25. In section 27(1), the definitions of the expressions “chief inspector” and “inspector”. In section 28(b), the words “other than offences under subsection four of section twelve of this Act”; in sub-paragraph (ii), the words from “without the consent” to “direct, nor”; and sub-paragraph (iii). 12, 13 & 14 Geo. 6. c. 97. The National Parks and Access to the Countryside Act 1949. In section 6(6), the words from “or a local planning authority” to “part of a National Park”. Section 11. In section 11A(6)(b), the words “district council”. Section 12(2). In section 13(1), the words “and within the area of the authority”. In section 111A(3)(b), the words “for the purposes of sections 64, 65 and 77”. 14 & 15 Geo. 6. c. 66. The Rivers (Prevention of Pollution) (Scotland) Act 1951. Part II. Section 17. In section 18, in subsection (1), the words “of their area”, “in their area” (where first occurring) and “in their area or any part thereof”; and in subsection (3), the words “in their area” and the words from “whose” to “authority” where next occurring; In section 19, in subsection (1), the words “in the area of the authority”, subsections (2) to (2B) and, in subsection (4), the words from “any”, where first occurring, to “and”, where last occurring. In section 35, the definitions of “river purification authority”, “river purification board” and “river purification board area”. 2 & 3 Eliz. 2. c. 70. The Mines and Quarries Act 1954. Section 151(5). 8 & 9 Eliz. 2. c. 62. The Caravan Sites and Control of Development Act 1960. In section 24(8), the words from “and a joint planning board” to “such a National Park”. 1965 c. 13. The Rivers (Prevention of Pollution) (Scotland) Act 1965. Section 10(6)(a). 1965 c. 57. The Nuclear Installations Act 1965. In section 3(3)(b), the words “the National Rivers Authority,”. 1967 c. 13. The Parliamentary Commissioner Act 1967. In Schedule 2, the entry relating to the National Rivers Authority and the note 9 inserted by paragraph 11 of Schedule 1 to the Water Act 1989. 1967 c. 22. The Agriculture Act 1967. In section 50(3), paragraph (e) and the words from “and “National Parks planning authority” means” onwards. 1968 c. 41. The Countryside Act 1968. In section 6(2), paragraph (c) and the word “or” immediately preceding it. Section 13(11). Section 40. In section 42(1), the words “whether or not within the area of the local planning authority”. In section 47A— (a) in subsection (2), the word “18”; and (b) subsection (4). 1968 c. 47. The Sewerage (Scotland) Act 1968. In section 38(3), the words “river purification authorities”. Section 49. In section 59(1), the definition of “river purification authority”. 1968 c. 59. The Hovercraft Act 1968. In section 1(1)(g), the words “Part III of the Control of Pollution Act 1974 or”. 1970 c. 40. The Agriculture Act 1970. In section 92(1), the words “for their area” and “both within (and in the case of a river purification board) outwith, that area”. Section 92(2)(c). 1972 c. 52. The Town and Country Planning (Scotland) Act 1972. Section 251A. 1972 c. 70. The Local Government Act 1972. Section 101(9)(h). In section 140A(2), in the definition of “local authority”, the words “or reconstituted in pursuance of Schedule 17 to this Act”. In section 184— (a) in subsection (2), the words “and Schedule 17 to this Act”; (b) in subsection (4), the words “subject to Schedule 17 of this Act”; and (c) subsection (6). In section 223(2), the words “and the National Rivers Authority”. In Schedule 16, paragraph 55(2). 1972 c. v. The Clyde River Purification Act 1972. The whole Act. 1973 c. 65. The Local Government (Scotland) Act 1973. Sections 135 and 135A. Section 200. In Schedule 16, paragraphs 1 to 5 and 7 to 10. In Schedule 27, in Part II, paragraphs 30 to 32, 37 and 38. 1974 c. 7. The Local Government Act 1974. Section 7. 1974 c. 37. The Health and Safety at Work etc. Act 1974. In section 28, in subsection (3)(c)(ii), so far as extending to England and Wales, the words “of the National Rivers Authority or” and the word “Authority” (where next occurring), subsection (3)(c)(iii) and, in subsection (5)(b), so far as extending to England and Wales, the words “the National Rivers Authority”. 1974 c. 40. The Control of Pollution Act 1974. In section 5, in subsection (4), the words following paragraph (b), and subsection (5). In section 7, in subsections (1) and (4), the words “issued by a disposal authority” and, in subsection (2), the words “or, in relation to Scotland, subsection (5)”. In section 9(4), the words “issued by the authority”. In section 11, subsections (1) to (11). In section 30(1), the words from “and for the purposes” to the end. In section 30A(2)(a), the words “in the area of that authority”. In section 30C, in subsection (1), the words “within the area of that authority”; and in each of subsections (4) and (6), the words “in the area of a river purification authority”. In section 31, subsections (1) to (3), in subsection (6), the words “in its area” and subsections (7), and (10). Section 31D. Section 32. In section 33(1), the words “in the area of the authority”. In section 34(3), the words “in its area”. Section 40(4). In section 41(1), in paragraph (c), the words “(except section 40(4))” and paragraphs (d)(ii) and (e). In section 46(1), the words “in its area” where they first occur and “in its area or elsewhere”. In section 47, in subsection (1), the words “in its area” and in subsection (2), the words “in the authority’s area”. In section 48(1), the words “in its area”. In section 50, the words “in its area”. Sections 53, 54, 55 and 56(4). In section 57, paragraph (a). Section 58. Section 58A. Section 58B. Section 59. Section 59A. In sections 61(9) and 65(8) the words “section 59 of this Act (in relation to Scotland) or” and the words “(in relation to England and Wales)”. In section 69, in subsection (1), paragraph (a) and, in paragraph (c) the words “section 59(2) or”, and in subsection (3) the words “section 59(6) or” and paragraph (i). In section 73, in subsection (1), the definition of “equipment”, in the definition of “person responsible” paragraphs (b) and (c), and the definition of “road noise”, and in subsection (3) the words from “;but a requirement” to the end of the subsection. In section 74, the words “Subject to sections 58A(8) and 59A(9) of this Act”. In section 87(3), the words from the beginning to “offence; and” and the words “in its application to Scotland”. Section 91(5)(a). In section 96(3), the words from “but as if” to the end. In section 104(1), the word “59”. Section 106(2). In Schedule 2, paragraphs 1 to 3. In Schedule 3, paragraphs 12 and 13. S.I. 1974/ 2170. The Clean Air Enactments (Repeals and Modifications) Regulations 1974. In Schedule 2, paragraph 1. 1975 c. 24. The House of Commons Disqualification Act 1975. In Schedule 1, in Part II, the entry relating to the National Rivers Authority. 1975 c. 25. The Northern Ireland Assembly Disqualification Act 1975. In Schedule 1, in Part II, the entry relating to the National Rivers Authority. 1975 c. 30. The Local Government (Scotland) Act 1975. In section 16, the words “and river purification boards”. Section 23(1)(e). In Schedule 3, in paragraph 28(1), the words “or a river purification board”. 1975 c. 51. The Salmon and Freshwater Fisheries Act 1975. In section 5(2), the words following paragraph (b). In section 10, in subsections (1) and (2), the words “with the written consent of the Minister” in each place where they occur. In section 15, in subsections (1) and (3), the words “with the written consent of the Minister” in each place where they occur. In section 30, the paragraph defining “fish farm”. ection 41(1), the definition of “grating”. 1975 c. 70. The Welsh Development Agency Act 1975. In section 16(9), in the definition of “local authority”, paragraph (b) and the word “or” immediately preceding it. 1976 c. 74. The Race Relations Act 1976. In section 19A(2)(a), the words “a special planning board or a National Park Committee”. 1980 c. 45. The Water (Scotland) Act 1980. In section 33(3)(a), sub-paragraph (ii) and the preceding “and”. In section 109(1), the definitions of “river purification authority” and “river purification board”. In Schedule 1, in paragraph 11(ii) the words “and any river purification authority”. 1980 c. 65. The Local Government, Planning and Land Act 1980. In section 52(1), paragraph (b) and the word “and” immediately preceding it. In section 103(2)(c), the word “and” immediately preceding sub-paragraph (ii). In Schedule 2, paragraph 9(2) and (3). 1980 c. 66. The Highways Act 1980. In section 25(2)(a) the words from “or a joint planning board” to “National Park”. In section 27(6), the words from “or any such joint planning board” onwards. In section 29, the words “and joint planning boards”. In section 72(2), the words “or joint planning board”. Section 118(7). 1981 c. 67. The Acquisition of Land Act 1981. In section 17, in subsection (3), the words “the Peak Park Joint or Lake District Special Planning Board” and, in subsection (4), in the definition of “a Welsh planning board”, paragraph (b) and the word “or” immediately preceding it. In paragraph 4 of Schedule 3, in sub-paragraph (3), the words “the Peak Park Joint or Lake District Special Planning Board” and, in sub-paragraph (4), in the definition of “a Welsh planning board”, paragraph (b) and the word “or” immediately preceding it. 1981 c. 69. The Wildlife and Countryside Act 1981. Section 39(5)(a). In section 44, subsection (1) and in subsection (1A), the words from the beginning to “but”. Section 46. In section 52(2), paragraph (a) and, in paragraph (b), the words “in any other provision”. Section 72(10). 1982 c. 30. The Local Government (Miscellaneous Provisions) Act 1982. In section 33(9), in paragraph (a), the words from “or reconstituted” to “1972” and, in paragraph (b), the words “or reconstituted”. In section 41(13), in paragraph (b) of the definition of “local authority” the words from “or reconstituted” to “1972”. In section 45(2)(b), the words from “or reconstituted” to “1972”. 1982 c. 42. The Derelict Land Act 1982. In section 1(11), in the definition of “local authority”, paragraph (b) and the word “or” immediately preceding it. 1982 c. 48. The Criminal Justice Act 1982. In Schedule 15, paragraphs 6 and 7. 1983 c. 35. The Litter Act 1983. In section 4(1)— (a) paragraph (b) and the word “and” immediately preceding it; and (b) the words “the National Park Committee (if any)” in each place where they occur. In section 6(8), the words “or a Park board”. In section 10, paragraph (h) of the definition of “litter authority” and the definitions of “National Park Committee” and “Park board”. 1984 c. 54. The Roads (Scotland) Act 1984. In Schedule 9, paragraph 17(3). 1985 c. 51. The Local Government Act 1985. In Schedule 3— (a) paragraph 4; (b) in paragraph 5, sub-paragraphs (2) to (8); (c) paragraph 6; and (d) in paragraph 7, sub-paragraph (3) and in sub-paragraph (4), the words “42” and “44”. 1985 c. 68. The Housing Act 1985. In section 573, in subsection (1), the entries relating to the Peak Park Joint Planning Board and the Lake District Special Planning Board and, in subsection (1A), paragraph (b) and the word “or” immediately preceding it. S.I. 1987/180. The Control of Industrial Air Pollution (Transfer of Powers of Enforcement) Regulations 1987. Regulations 2 and 4. 1988 c. 4. The Norfolk and Suffolk Broads Act 1988. In Schedule 6, paragraphs 2 and 13. 1988 c. 9. The Local Government Act 1988. In Schedule 2, the entries relating to the Lake District Special Planning Board, the Peak Park Joint Planning Board and a special planning board constituted under paragraph 3A of Schedule 17 to the Local Government Act 1972. 1988 c. 41. The Local Government Finance Act 1988. In section 74(7), paragraph (b) and the word “and” immediately preceding it. 1989 c. 14. The Control of Pollution (Amendment) Act 1989. Section 2(3)(e). Section 7(2) and (8). Section 11(3). 1989 c. 15. The Water Act 1989. In Schedule 1, paragraphs 11, 12 and 13. In Schedule 17, paragraphs 3(2) and (3), 5(2), 7(9)(d) and 9(1). In Schedule 25, paragraphs 43(1) and paragraph 48(3) and (4). 1989 c. 29. The Electricity Act 1989. In Schedule 8, paragraph 2(6)(a)(i). 1989 c. 42. The Local Government and Housing Act 1989. Section 5(4)(c). Section 13(4)(d). In section 21(1), paragraph (m) and the word “and” immediately preceding it. Section 39(1)(h). Section 67(3)(o). Section 152(2)(k). In Schedule 1, in paragraph 2(1)(b), the word “(m)” and paragraph 2(1)(f). 1990 c. 8. The Town and Country Planning Act 1990. In section 1, in subsection (5)— (a) in paragraph (a), the words from “and Part I” to “National Parks)”; and (b) in paragraph (c), the words “section 4 and”; and, in subsection (6), the words “section 4(3) and”. In section 2(7), the words from “and Part I” to “National Parks)”. Section 4. In section 4A(1), the words “instead of section 4(1) to (4)”. Section 105. In section 244(1), the words from “or a board” to “1972”. In Schedule 1— (a) in paragraph 4(2), the words “or county planning authority” and the words “or, as the case may be, which is”; (b) in paragraph 6, the words from “(including” to “National Park”; (c) in paragraph 13(1), paragraph (d) and the word “or” immediately preceding it; (d) in paragraph 19, sub-paragraph (2); and (e) in paragraph 20(4), paragraph (a) and, in paragraph (b), the word “other”. 1990 c. 9. The Planning (Listed Buildings and Conservation Areas) Act 1990. In section 66(3), the words from “and a board” onwards. In Schedule 4— (a) in paragraph 2, the word “4”; (b) in paragraph 3, the words “or county planning authority” and the words “or, as the case may be, which is”; and (c) in paragraph 4(1), the words “4(3) and (4)”. 1990 c. 10. The Planning (Hazardous Substances) Act 1990. In section 3— (a) in subsection (1), paragraph (a) and the words after paragraph (c); (b) subsection (2); and (c) in subsections (3) to (5A), the words “or (2)”, wherever occurring. 1990 c. 11. The Planning (Consequential Provisions) Act 1990. In Schedule 2— (a) paragraph 20; (b) paragraph 28(6); and (c) in paragraph 45, sub-paragraph (2) and in sub-paragraph (7), the words “118(7)”. 1990 c. 43. The Environmental Protection Act 1990. In section 4, in subsection (8), the words “or, as the case may be, in the Edinburgh Gazette”, in each place where they occur, and, in subsection (11), the words “and Wales” in paragraph (b) and paragraph (c) and the word “and” immediately preceding it. Section 5. In section 7(9), the words from “and, in relation to Scotland,” to the end. In section 8, subsection (4) and, in subsection (7) the words from “together with” onwards and subsection (9). Sections 16 to 18. Section 20(3) and (9). In section 23, in subsection (1), paragraphs (d) to (f) and (k), and subsections (4) and (5). In section 28, in subsection (1), the words from “but” onwards and subsections (3) and (4). In section 30, in subsection (4), the words “or regulation authorities” and the words from “establishing authorities” onwards and subsections (6) to (8). Section 31. In section 33(1), the words “and, in relation to Scotland, section 54 below,”. In section 36, subsections (5) and (6), in subsection (11), in the definition of “National Park authority”, the words “subject to subsection (12) below” and subsection (12). In section 37(5), the words “(5), (6),” and “(8)”. In section 39, in subsection (7), the words following paragraph (b), subsection (8), in subsection (12), in the definition of “National Park authority”, the words “subject to subsection (13) below”, and subsection (13). Section 41. In section 42, subsection (2) and, in subsection (7), the words from “and the power” onwards. Section 43(2)(a) and (b). Section 50. Section 54. Section 61. In section 64, subsection (1)(l) and, in subsection (4), the words “which is not a waste regulation authority”. Sections 67 to 70. In section 71, subsection (1) and, in subsection (3), paragraph (b) and the word “or” immediately preceding it. Section 72. Section 75(3). In the heading immediately preceding section 79, the words “: England and Wales”. In section 79, in subsection (7), in the definition of “local authority”, the word “and” following paragraph (b). Section 83. In section 88, in subsection (9), paragraphs (c) and (d), and, in subsection (10), in the definition of “authorised officer”, the words from “or in the case” to “on behalf of” and the definitions of “National Park Committee” and “Park board”. In section 141, in subsection (5)(a), sub-paragraph (ii) and the word “and” immediately preceding it. Section 143. In Schedule 2, in paragraph 17(2), the words “a waste regulation authority or”. In Schedule 8— (a) paragraph 1(13); (b) paragraph 3; and (c) in paragraph 4, the words from the beginning to “in Wales)” and”. In Schedule 15, paragraphs 5(4) and 16 and, in paragraph 31, in sub-paragraph (2), the word “(6),” where secondly occurring, the word “(2)”, where thirdly occurring, and sub-paragraphs (4)(c) and (5)(c). 1991 c. 28. The Natural Heritage (Scotland) Act 1991. In section 15(3) the words “and a river purification authority of whom such a requirement is made shall make such an application”. In Schedule 2, paragraph 10(3). In Schedule 5, in paragraph 2 the words “in their area and”. In Schedule 6, paragraph 1(5). In Schedule 8, in sub-paragraph (3) of paragraph 1, in the second column of the Table, in the fourth entry, the words “, river purification authority”. In Schedule 10, paragraphs 1, 6, 7(2) and 9(3)(b) and (6) 1991 c. 34. The Planning and Compensation Act 1991. In Schedule 4, paragraph 39. 1991 c. 56. The Water Industry Act 1991. In section 4(6), the definition of “National Park authority” and the word “and” immediately preceding it. Section 132(7). Section 151. Section 171(4) and (5). In section 206(2), the words “196 or”. In section 219(1), the definition of “the NRA”. 1991 c. 57. The Water Resources Act 1991. Sections 1 to 14. Sections 16 to 19. In section 34, the word “planning”, wherever it occurs, and subsection (5). In section 45,— (a) in subsection (2), the word “planning”, wherever it occurs; and (b) in subsection (3), the words “and (5)”. Section 58. Section 68. Section 69(5). In section 91, in subsection (1), the word “or” immediately preceding paragraph (f). Section 105(1). In section 113(1), in the definition of “drainage”, the word “and” immediately preceding paragraph (c). Section 114. Section 117. Sections 121 to 124. Section 126(6). Section 129(4). Sections 131 and 132. Section 144. Section 146. Sections 150 to 153. Section 187. In section 190(1), paragraph (d), paragraph (f) and the word “and” immediately preceding it. Section 196. Section 202(5). Section 206(2). Section 209(1), (2) and (4). Sections 213 to 215. Section 218. In section 219, in subsection (2), the words “Subject to subsection (3) below,” and subsection (3). In section 221(1), the definitions of “the Authority” and “constituent council”. Schedule 1. Schedules 3 and 4. 1991 c. 59. The Land Drainage Act 1991. In section 61C(5), the definition of “National Park authority” and the word “and” immediately preceding it. In section 72(1), the definition of “the NRA”. 1991 c. 60. The Water Consolidation (Consequential Provisions) Act 1991. In Schedule 1, paragraphs 17, 18(a), 25, 27(2) and 56(3) and (4). 1992 c. 14. The Local Government Finance Act 1992. Section 35(5)(a) and (b). In Schedule 13, paragraph 95. 1993 c. 11. The Clean Air Act 1993. Section 3(2)(b) and the word “or” which immediately precedes it. Section 17. Section 42(5). Section 51(1)(b) and the word “or” which immediately precedes it. In Schedule 3, paragraph 4(b). 1993 c. 12. The Radioactive Substances Act 1993. Section 4. Section 5. In section 16, in subsection (2), the words “Subject to subsection (3),” subsection (3) and, in subsection (10), the words from “or, as” to “appropriate Minister”. Section 17(4). In section 18, in subsection (1), the words “(or, in a case” to “or that Minister)” and “or the appropriate Minister, as the case may be,” and, in subsection (2)(b), the words from “(or, where” to “that Minister)”. Section 20(3). In section 21, subsection (3) and, in subsection (4), the words from “or, where” to “that Minister”. In section 22, subsection (5), in subsection (6), the words from “or, where” to “that Minister” and in subsection (7), the words from “or, where” to “that Minister”. In section 25, in subsection (2), the words from “or, in a case” to “Food,” and “or their”. In section 26, subsection (3)(a) and, in subsection (4), the words “England, Wales or”. Section 28. Section 31. Section 35. In section 39, in subsection (2), the words from “or, as” to “and the chief inspector,”. Section 42(5). Section 43. In section 47, in subsection (1), in the definition of “the appropriate Minister”, paragraphs (a) and (b), in the definition of “the chief inspector”, paragraphs (a) and (b), in the definition of “prescribed”, the words from “or, in relation to fees” onwards and in the definition of “relevant water body”, in paragraph (a), the words “the National Rivers Authority” and, in paragraph (b), the words “a river purification authority within the meaning of the Rivers (Prevention of Pollution) (Scotland) Act 1951”. In section 48, in the Table, the entry relating to the chief inspector. Schedule 2. In Schedule 3, in Part II, in paragraph 11 the words “16, 17”. 1993 c. 25. The Local Government (Overseas Assistance) Act 1993. Section 1(10)(g). 1993 c. 40. The Noise and Statutory Nuisance Act 1993. Section 6. Section 13(2). Schedule 1. 1994 c. 19. The Local Government (Wales) Act 1994. Section 19(2) and (3). Section 59(15). In Schedule 5, in Part III, paragraph 10. In Schedule 6, paragraphs 3 to 12, 18, 23, 24(1), 28 and 29. In Schedule 9, paragraph 17(4) and (12). In Schedule 11, paragraph 3(1) and (2). In Schedule 15, paragraph 64(b). In Schedule 16, paragraph 65(5) and (9). In Schedule 17, paragraph 13. 1994 c. 39. The Local Government etc. (Scotland) Act 1994. Section 37. Section 54(5). In section 165(6), the words “a river purification board”. In Schedule 13, paragraphs 38(2) to (7), 85(3)(a) and (b)(i) and (4), 92(34) and (35), 93(2), 95(2), (4), (8) and (9), and 119(54)(a)(ii) and (h)(iii) and, in paragraph 167, sub-paragraph (2), in sub-paragraph (3) the words “(1)(g),”, and sub-paragraphs (4), (5), (7) and (9). 1995 c. 25. The Environment Act 1995. In section 8, in the definition of “National Park authority” in subsection (5), the words “subject to subsection (6) below” and subsection (6). In Schedule 10, paragraph 22(1) and (7) and, in paragraph 34(1), so much of paragraph (b) as precedes the word “and”. In Schedule 11, in paragraph 1, in the definition of “National Park authority” in sub-paragraph (3), the words “subject to sub-paragraph (4) below” and sub-paragraph (4). In Schedule 22, paragraphs 19 to 27, 46(11)(a), 182 and 231.