Environmental Protection Act 1990

• (2) For the purposes of this section the following are “enforcement functions” of the Secretary of State, that is to say, his functions under—

• section 110;

• section 114(1) and (4);

• section 116;

• section 118(10); and

• section 121;

and “inspector” in sections 115 and 117 includes, to the extent of the delegation, any inspector appointed by an authority other than the Secretary of State by virtue of an agreement under this section.

• (3) The Secretary of State shall, if and so far as an agreement under this section so provides, make payments to the authority to reimburse the authority the expenses incurred in the performance of functions delegated under this section; but no such agreement shall be made without the approval of the Treasury.

Mode of exercise of certain functions.

126

• (1) Any power of the Secretary of State to make regulations under this Part (other than the power conferred by section 113 above) is exercisable, where the regulations to be made relate to any matter with which the Minister is concerned, by the Secretary of State and the Minister acting jointly.

• (2) Any function of the Secretary of State under this Part (other than a power to make regulations) is exercisable, where the function is to be exercised in relation to a matter with which the Minister is concerned, by the Secretary of State and the Minister acting jointly (but subject to subsection (3) below).

• (3) Any function of the Secretary of State under sections 108(8) and 110 above is exercisable, where the function is to be exercised in relation to a matter with which the Agency is concerned—

• (a) if it is a matter with which the Minister is also concerned, by the Secretary of State, the Minister and the Agency acting jointly;

• (b) otherwise, by the Secretary of State and the Agency acting jointly.

• (4) Accordingly, references in this Part to the Secretary of State shall, where subsection (1), (2) or (3) above applies, be treated as references to the authorities in question acting jointly.

• (5) The Agency shall be consulted before—

• (a) any regulations are made under this Part, other than under section 113 above, or

• (b) any consent is granted or varied.

• (6) The reference in section 113 above to expenditure of the Secretary of State in discharging functions under this Part in relation to consents shall be taken to include a reference to the corresponding expenditure of the Minister in discharging those functions jointly with the Secretary of State.

• (7) The validity of anything purporting to be done in pursuance of the exercise of a function of the Secretary of State under this Part shall not be affected by any question whether that thing fell, by virtue of this section, to be done jointly with the Minister or the Agency (or both).

• (8) In this section—

• “the Agency” means the Food Standards Agency; and

• “the Minister” means the Minister of Agriculture, Fisheries and Food.

• (9) In the application of this section to Scotland, the reference in subsection (8) to the Food Standards Agency is to be read as a reference to Food Standards Scotland.

Definitions.

127

• (1) In this Part—

• “acquire”, in relation to genetically modified organisms, includes any method by which such organisms may come to be in a person’s possession, other than by their being imported;

• “consent” means a consent granted under section 111 above, and a reference to the limitations or conditions to which a consent is subject is a reference to the limitations or conditions subject to which the consent for the time being has effect;

• “descendant”, in relation to a genetically modified organism, means any other organism whose genes or other genetic material is derived, through any number of generations, from that organism by any process of reproduction;

• “import” means import into the United Kingdom;

• “premises” includes any land;

• “prohibition notice” means a notice under section 110 above.

• (2) This Part, except in so far as it relates to importations of genetically modified organisms, applies to the territorial sea adjacent to England as it applies in England and applies to the territorial sea adjacent to Wales as it applies in Wales and applies to any area for the time being designated under section 1(7) of the Continental Shelf Act 1964 as it applies in England .

Part VII — Nature Conservation in Great Britain and Countryside Matters in Wales

New Councils for England, Scotland and Wales

Creation and constitution of new Councils.

128

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Grants to the Council

129

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Countryside matters

Countryside functions of Welsh Council.

130

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Nature conservation in Great Britain

Nature conservation functions: preliminary.

131

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General functions of the Council.

132

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Special functions of Councils.

133

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Grants and loans by the Council.

134

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Transfer of property, rights and liabilities to new Councils

Schemes for the transfer of property etc. of the Nature Conservancy Council.

135

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Transfer to Welsh Council of certain property etc. of Countryside Commission.

136

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Employment by new Councils of staff of existing bodies

Offers of employment to employees of Nature Conservancy Council and certain employees of Countryside Commission.

137

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Dissolution of Nature Conservancy Council

Winding up and dissolution of Nature Conservancy Council.

138

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Transitional provisions and savings

Transitional provisions and savings.

139

Schedule 11 to this Act (which contains transitional provisions and savings relating to this Part) shall have effect.

Part VIII — Miscellaneous

Other controls on substances, articles or waste

Power to prohibit or restrict the importation, use, supply or storage of injurious substances or articles.

140

• (1) The Secretary of State may by regulations prohibit or restrict—

• (a) the importation into and the landing and unloading in the United Kingdom,

• (b) the use for any purpose,

• (c) the supply for any purpose, and

• (d) the storage,

of any specified substance or article if he considers it appropriate to do so for the purpose of preventing the substance or article from causing pollution of the environment or harm to human health or to the health of animals or plants.

• (2) Any such prohibition or restriction may apply—

• (a) in all, or only in specified, areas;

• (b) in all, or only in specified, circumstances or if conditions imposed by the regulations are not complied with; and

• (c) to all, or only to specified descriptions of, persons.

• (3) Regulations under this section may—

• (a) confer on the Secretary of State power to direct that any substance or article whose use, supply or storage is prohibited or restricted is to be treated as waste or controlled waste of any description and in relation to any such substance or article—

• (i) to apply, with or without modification, specified provisions of Part II; or

• (ii) to direct that it be disposed of or treated in accordance with the direction;

• (b) confer on the Secretary of State power, where a substance or article has been imported, landed or unloaded in contravention of a prohibition or restriction imposed under subsection (1)(a) above, to require that the substance or article be disposed of or treated in or removed from the United Kingdom;

• (c) confer powers corresponding to those conferred by section 108 of the Environment Act 1995 on persons authorised for any purpose of the regulations by the Secretary of State or any local or other authority; and

• (d) include such other incidental and supplemental, and such transitional provisions, as the Secretary of State considers appropriate.

• (4) The Secretary of State may, by regulations under this section, direct that, for the purposes of any power conferred on him under subsection (3)(b) above, any prohibition or restriction on the importation into or the landing and unloading in the United Kingdom imposed—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) by or under any enactment,

shall be treated as imposed under subsection (1)(a) above and any power conferred on him under subsection (3)(b) above shall be exercisable accordingly.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) Subject to subsection (7) below, it shall be the duty of the Secretary of State before he makes any regulations under this section other than regulations under subsection (4) above—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) ... to publish in the London Gazette and, if the regulations apply in Scotland or Northern Ireland, the Edinburgh Gazette or, as the case may be, Belfast Gazette and in any other publication which he considers appropriate, a notice indicating the effect of the proposed regulations and specifying—

• (i) the date on which it is proposed that the regulations will come into force;

• (ii) a place where a draft of the proposed regulations may be inspected free of charge by members of the public during office hours; and

• (iii) a period of not less than fourteen days, beginning with the date on which the notice is first published, during which representations in writing may be made to the Secretary of State about the proposed regulations; and

• (c) to consider any representations which are made to him in accordance with the notice.

• (7) The Secretary of State may make regulations under this section in relation to any substance or article without observing the requirements of subsection (6) above where it appears to him that there is an imminent risk, if those requirements are observed, that serious pollution of the environment will be caused.

• (8) The Secretary of State may, after performing the duty imposed on him by subsection (6) above with respect to any proposed regulations, make the regulations either—

• (a) in the form of the draft mentioned in subsection (6)(b) above, or

• (b) in that form with such modifications as he considers appropriate;

but the Secretary of State shall not make any regulations incorporating modifications unless he is of opinion that it is appropriate for the requirements of subsection (6) above to be disregarded.

• (9) Regulations under this section may provide that a person who contravenes or fails to comply with a specified provision of the regulations or causes or permits another person to contravene or fail to comply with a specified provision of the regulations commits an offence and may prescribe the maximum penalty for the offence.

• (10) No offence under the regulations shall be made punishable with imprisonment for more than two years or punishable on summary conviction with a fine exceeding level 5 on the standard scale (if not calculated on a daily basis) or, in the case of a continuing offence, exceeding one-tenth of the level on the standard scale specified as the maximum penalty for the original offence. —

• (a) exceeding one-tenth of the level on the standard scale specified as the maximum penalty for the original offence, or

• (b) if there is no maximum penalty for the original offence, exceeding one-tenth of the greater of £5,000 or level 4 on the standard scale.

• (10A) Regulations under this section may provide for an enforcement officer to give to a person whom the enforcement officer has reason to believe has committed an offence under the regulations a notice offering the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty not exceeding level 3 on the standard scale.

• (10B) In subsection (10A), an “enforcement officer” means a person referred to in subsection (3)(c).

• (10C) Where provision under subsection (10A) is made in regulations under this section, the regulations may—

• (a) provide for the amount of the fixed penalty to be different in different cases or descriptions of case,

• (b) impose requirements on persons to whom a fixed notice is given to provide their name, address and date of birth,

• (c) create offences for failure to comply with requirements mentioned in paragraph (b), subject to a maximum penalty, on summary conviction, of a fine not exceeding level 3 on the standard scale,

• (d) enable enforcement officers to give certificates as to proof of payment or non-payment of a fixed penalty and for such certificates to be evidence of the facts stated in them.

• (10D) Where provision under subsection (10A) is made in regulations under this section, the regulations must require a fixed penalty notice—

• (a) to set out the particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information about the offence,

• (b) to set out the amount of the fixed penalty,

• (c) if the amount of the fixed penalty may be discounted in certain circumstances, to set out those circumstances and the amount of the discount,

• (d) to set out the period within which the fixed penalty is to be paid, the person to whom it is to be paid and the arrangements for doing so,

• (e) to set out the effect of paying the fixed penalty within the payment period and the consequences of not paying the fixed penalty within that period.

• (11) In this section—

• “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;

• “the environment” means the air, water and land, or any of those media, and the medium of air includes the air within buildings and the air within other natural or man-made structures above or below ground;

• “specified” means specified in the regulations; and

• “substance” means any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour and it includes mixtures of substances.

Power to regulate the importation or exportation of waste or the transit of waste for export.

141

• (1) The Secretary of State may, by regulations, make provision for, about or connected with the regulation of the importation or exportation of waste or the transit of waste for export.

• (1A) Provision that may be made in regulations under this section includes provision prohibiting or restricting—

• (a) the importation of waste;

• (b) the landing and unloading of waste in the United Kingdom;

• (c) the exportation of waste;

• (d) the loading of waste for exportation;

• (e) the transit of waste for export.

• (1B) The provision that may be made by virtue of subsection (1A) includes provision which relates to—

• (a) the intended final destination of waste, or

• (b) the countries or territories it is intended to pass through before reaching that destination.

• (2) Regulations under this section may make different provision for different descriptions of waste or waste of any description in different circumstances.

• (3) Regulations under this section may confer functions on the Secretary of State or a waste regulation authority, including functions—

• (a) involving the exercise of a discretion;

• (b) relating to enforcement.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) Regulations under this section may—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (aa) provide for the Secretary of State to issue general directions as to the exercise by waste regulation authorities of their functions in connection with the regulation of the importation or exportation of waste or the transit of waste for export;

• (b) impose or provide for the imposition of prohibitions either absolutely or only if conditions or procedures ... are not complied with;

• (ba) provide for the charging by waste regulation authorities of fees or charges payable by persons involved in the importation or exportation of waste or the transit of waste for export;

• (bb) provide that such fees or charges may be used by waste regulation authorities to meet costs incurred in exercising their functions in connection with the regulation of those activities;

• (c) impose duties to be complied with before, on or after any importation or exportation of waste by persons who are, or are to be, consignors, consignees, carriers or holders of the waste or any waste derived from it;

• (d) confer powers corresponding, with or without modifications, to section 108(4) of the Environment Act 1995 (powers of entry and seizure) on persons authorised by the Secretary of State or a waste regulation authority;

• (e) provide for appeals to the Secretary of State from determinations made by waste regulation authorities;

• (f) provide for the keeping by the Secretary of State, waste regulation authorities and waste collection authorities of public registers of information relating to the importation and exportation of waste and for the transmission of such information between any of those persons;

• (fa) make provision authorising the disclosure of information by Officers of Revenue and Customs to waste regulation authorities;

• (fb) confer, on persons designated as general customs officials under section 3(1) of the Borders, Citizenship and Immigration Act 2009, functions relating to the seizure and detention of waste that has arrived at, or entered into, the United Kingdom or is to leave the United Kingdom;

• (g) create offences, subject to the limitation that no offence shall be punishable with imprisonment for more than two years or punishable on summary conviction with imprisonment for more than the prescribed term or a fine exceeding level 5 on the standard scale (if not calculated on a daily basis) or, in the case of a continuing offence, exceeding one-tenth of the level on the standard scale specified as the maximum penalty for the original offence. —

• (i) exceeding one-tenth of the level on the standard scale specified as the maximum penalty for the original offence, or

• (ii) if there is no maximum penalty for the original offence, exceeding one-tenth of the greater of £5,000 or level 4 on the standard scale.

• (h) make provision for, about or connected with the imposition of civil sanctions.

• (5A) In subsection (5)(g), “the prescribed term” means—

• (a) in relation to England and Wales, where the offence is a summary offence, 51 weeks;

• (b) in relation to England and Wales, where the offence is triable either way, the general limit in a magistrates’ court;

• (c) in relation to Scotland and Northern Ireland, six months.

• (5AA) Regulations under this section that—

• (a) make provision for a summary offence under the law of England and Wales to be punishable with imprisonment for more than 6 months (“the relevant provision”), and

• (b) are made—

• (i) on or after 2 May 2022, but

• (ii) before the day on which section 281(5) of the Criminal Justice Act 2003 comes into force,

must also provide that, in relation to an offence committed before the day referred to in paragraph (b)(ii), any reference in the relevant provision to a term of imprisonment of more than 6 months is to be read as a reference to a term of imprisonment of 6 months.

• (5B) For the purposes of this section “civil sanction” means a sanction of a kind for which provision may be made under Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (fixed monetary penalties, discretionary requirements, stop notices and enforcement undertakings).

• (5C) The regulations may make provision for, about or connected with the imposition of a sanction of that kind whether or not—

• (a) the conduct in respect of which the sanction is imposed constitutes an offence, or

• (b) the person imposing it is a regulator for the purposes of Part 3 of the Regulatory Enforcement and Sanctions Act 2008.

• (5D) Regulations under this section may make provision in relation to any area of sea or seabed or its subsoil within the seaward limits of—

• (a) the area designated by Order in Council under section 1(7) of the Continental Shelf Act 1964 (designation of continental shelf), or

• (b) the area designated by Order in Council under section 41(3) of the Marine and Coastal Access Act 2009 (designation of exclusive economic zone).

• (5E) Regulations under this section may make consequential, supplementary, incidental, transitional or saving provision, including provision amending, repealing or revoking primary legislation or assimilated direct legislation.

• (6) In this section—

• “the environment” means land, water and air or any of them;

• “exportation”, in relation to waste, means causing it to leave the United Kingdom;

• “harm” includes offence to any of man’s senses;

• “importation”, in relation to waste, means causing it to arrive at, or enter into, the United Kingdom;

• “primary legislation” means—an Act of Parliament,a Measure or Act of Senedd Cymru,an Act of the Scottish Parliament, orNorthern Ireland legislation;

• “transit of waste for export” means the transportation or keeping of waste, that has arrived at, or has entered, the United Kingdom, for the purpose of facilitating its leaving the United Kingdom;

• “waste”, “waste collection authority”, and “waste regulation authority” have the same meaning as in Part II; and

• “the United Kingdom” includes its territorial sea.

• (7) In the application of this section to Northern Ireland and the territorial sea of the United Kingdom adjacent to Northern Ireland “waste regulation authority” means the Department of the Environment for Northern Ireland.

Powers to obtain information about potentially hazardous substances.

142

• (1) The Secretary of State may, for the purpose of assessing their potential for causing pollution of the environment or harm to human health, by regulations make provision for and in connection with the obtaining of relevant information relating to substances which may be specified by him by order for the purposes of this section.

• (2) The Secretary of State shall not make an order under subsection (1) above specifying any substance—

• (a) which was first supplied in any member State or in the United Kingdom on or after 18th September 1981; or

• (b) in so far as it is a regulated substance for the purposes of any relevant enactment.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) Regulations under this section may—

• (a) prescribe the descriptions of relevant information which are to be furnished under this section in relation to specified substances;

• (b) impose requirements on manufacturers, importers or suppliers generally to furnish information prescribed under paragraph (a) above;

• (c) provide for the imposition of requirements on manufacturers, importers or suppliers generally to furnish relevant information relating to products or articles containing specified substances in relation to which information has been furnished in pursuance of paragraph (b) above;

• (d) provide for the imposition of requirements on particular manufacturers, importers or suppliers to furnish further information relating to specified substances in relation to which information has been furnished in pursuance of paragraph (b) above;

• (e) provide for the imposition of requirements on particular manufacturers or importers to carry out tests of specified substances and to furnish information of the results of the tests;

• (f) authorise persons to comply with requirements to furnish information imposed on them by or under the regulations by means of representative persons or bodies;

• (g) impose restrictions on the disclosure of information obtained under this section and provide for determining what information is, and what information is not, to be treated as furnished in confidence;

• (h) create offences, subject to the limitation that no offence shall be punishable with imprisonment or punishable on summary conviction with a fine exceeding level 5 on the standard scale;

• (i) make any public authority designated by the regulations responsible for the enforcement of the regulations to such extent as may be specified in the regulations;

• (j) include such other incidental and supplemental, and such transitional, provisions as the Secretary of State considers appropriate.

• (5) The Secretary of State shall have regard, in imposing or providing for the imposition of any requirement under subsection (4)(b), (c), (d) or (e) above, to the cost likely to be involved in complying with the requirement.

• (6) In this section—

• “the environment” means the air, water and land or any of them;

• “relevant information”, in relation to substances, products or articles, means information relating to their properties, production, distribution, importation or use or intended use and, in relation to products or articles, to their disposal as waste;

• “substance” means any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour and it includes mixtures of substances.

• (7) The enactments which are relevant for the purposes of subsection (2)(b) above are the following—

• the Explosives Regulations 2014;

• the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) in relation to radioactive material or radioactive waste;

• Parts 3 to 8 and 16 of the Human Medicines Regulations 2012;

• Part IV of the Agriculture Act 1970;

• the Misuse of Drugs Act 1971;

• Part III of the Food and Environment Protection Act 1985; . . .

• the Food Safety Act 1990;

• the Veterinary Medicines Regulations 2006;

and a substance is a regulated substance for the purposes of any such enactment in so far as any prohibition, restriction or requirement is imposed in relation to it by or under the enactment for the purposes of that enactment.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

143

Amendments of hazardous substances legislation.

144

Schedule 13 to this Act (which contains miscellaneous amendments to the legislation relating to hazardous substances) shall have effect.

Penalties for offences of polluting controlled waters etc.

145

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Pollution at sea

Deposits of substances and articles in the sea, etc.

146

• (1) Part II of the Food and Environment Protection Act 1985 (under which licences are required for deposits by British vessels etc at sea anywhere or by foreign vessels etc in United Kingdom waters or, in certain circumstances, within British fishery limits) shall be amended as follows.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) In section 21 (penalties for offences)—

• (a) in subsection (2), for the words “2(4) and 9(1)” there shall be substituted the words “and 2(4)”; and

• (b) after that subsection, there shall be inserted the following subsection—

(2A) A person guilty of an offence under section 9(1) shall be liable— (a) on summary conviction, to a fine of an amount not exceeding £50,000; and (b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) In Schedule 2 (powers in relation to vessels, aircraft, etc. for the purposes of Part I or Part II or both Parts of the Act), in paragraph 3(3) (removal to United Kingdom), after the words “Part I” there shall be inserted the words “or II”.

Public registers relating to deposits in the sea and incineration at sea.

147

In Part II of the Food and Environment Protection Act 1985, for section 14 (registers of licences) there shall be substituted the following section—

(14) (1) It shall be the duty of each licensing authority, as respects licences for which it is the licensing authority, to maintain, in accordance with regulations, a register containing prescribed particulars of or relating to— (a) applications for licences made to that authority; (b) the licences issued by that authority; (c) variations of licences effected by that authority; (d) revocations of licences effected by that authority; (e) convictions for any offences under section 9 above; (f) information obtained or furnished in pursuance of section 8(3), (4) or (5) above; (g) the occasions on which either of the Ministers has carried out any operation under section 10 above; and (h) such other matters relating to operations for which licences are needed under this Part of this Act as may be prescribed. (2) No information shall be included in any register which, in the opinion of either of the Ministers, is such that its disclosure on the register— (a) would be contrary to the interests of national security, or (b) would prejudice to an unreasonable degree some person’s commercial interests. (3) Information excluded from a register by virtue of subsection (2)(b) above shall be treated as ceasing to prejudice a person’s commercial interests at the expiry of the period of four years beginning with the date on which the Minister made his decision under that subsection; but, on the application of any person to whom it relates, the Minister shall decide whether the information should be included or continue to be excluded from the register. (4) Where information of any description is excluded from a register by virtue of subsection (2)(b) above, a statement shall be entered in the register indicating the existence of information of that description. (5) It shall be the duty of each licensing authority— (a) to secure that the register maintained by the authority under this section is available, at all reasonable times, for inspection by the public free of charge; and (b) to afford to members of the public facilities for obtaining copies of entries, on payment of reasonable charges. (6) Registers under this section may be kept in any form. (7) In this section “prescribed” means prescribed in regulations. (8) Either of the Ministers may exercise any power to make regulations under this section and any such power shall be exercisable by statutory instrument, subject to annulment in pursuance of a resolution of either House of Parliament.

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148

Control of Dogs

Seizure of stray dogs.

149

• (1) Every local authority shall appoint an officer (under whatever title the authority may determine) for the purpose of discharging the functions imposed or conferred by this section for dealing with stray dogs found in the area of the authority.

• (2) The officer may delegate the discharge of his functions to another person but he shall remain responsible for securing that the functions are properly discharged.

• (3) Where the officer has reason to believe that any dog found in a public place or on any other land or premises is a stray dog, he shall (if practicable) seize the dog and detain it, but, where he finds it on land or premises which is not a public place, only with the consent of the owner or occupier of the land or premises.

• (4) Where any dog seized under this section wears a collar having inscribed thereon or attached thereto the address of any person, or the owner of the dog is known, the officer shall serve on the person whose address is given on the collar, or on the owner, a notice in writing stating that the dog has been seized and where it is being kept and stating that the dog will be liable to be disposed of if it is not claimed within seven clear days after the service of the notice and the amounts for which he would be liable under subsection (5) below are not paid.

• (5) A person claiming to be the owner of a dog seized under this section shall not be entitled to have the dog returned to him unless he pays all the expenses incurred by reason of its detention and such further amount as is for the time being prescribed.

• (6) Where any dog seized under this section has been detained for seven clear days after the seizure or, where a notice has been served under subsection (4) above, the service of the notice and the owner has not claimed the dog and paid the amounts due under subsection (5) above the officer may dispose of the dog—

• (a) by selling it or giving it to a person who will, in his opinion, care properly for the dog;

• (b) by selling it or giving it to an establishment for the reception of stray dogs; or

• (c) by destroying it in a manner to cause as little pain as possible;

but no dog seized under this section shall be sold or given for the purposes of vivisection.

• (7) Where a dog is disposed of under subsection (6)(a) or (b) above to a person acting in good faith, the ownership of the dog shall be vested in the recipient.

• (8) The officer shall keep a register containing the prescribed particulars of or relating to dogs seized under this section and the register shall be available, at all reasonable times, for inspection by the public free of charge.

• (9) The officer shall cause any dog detained under this section to be properly fed and maintained.

• (10) Notwithstanding anything in this section, the officer may cause a dog detained under this section to be destroyed before the expiration of the period mentioned in subsection (6) above where he is of the opinion that this should be done to avoid suffering.

• (11) In this section—

• “local authority”, in relation to England . . ., means a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly in relation to Wales, means a county council or a county borough council and, in relation to Scotland, means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

• “officer” means an officer appointed under subsection (1) above;

• “prescribed” means prescribed in regulations made by the Secretary of State; and

• “public place” means—as respects England and Wales, any highway and any other place to which the public are entitled or permitted to have access;as respects Scotland, any road (within the meaning of the Roads (Scotland) Act 1984) and any other place to which the public are entitled or permitted to have access;and, for the purposes of section 160 below in its application to this section, the proper address of the owner of a dog which wears a collar includes the address given on the collar.

Delivery of stray dogs to . . . local authority officer.

150

• (1) Any person (in this section referred to as “the finder”) who takes possession of a stray dog shall forthwith either—

• (a) return the dog to its owner; or

• (b) take the dog—

• (i) to the officer of the local authority for the area in which the dog was found; . . .

• (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and shall inform the officer of the local authority . . . where the dog was found.

• (2) Where a dog has been taken under subsection (1) above to the officer of a local authority, then—

• (a) if the finder desires to keep the dog, he shall inform the officer of this fact and shall furnish his name and address and the officer shall, having complied with the procedure (if any) prescribed under subsection (6) below, allow the finder to remove the dog;

• (b) if the finder does not desire to keep the dog, the officer shall, unless he has reason to believe it is not a stray, treat it as if it had been seized by him under section 149 above.

• (3) Where the finder of a dog keeps the dog by virtue of this section he must keep it for not less than one month.

• (4) In Scotland a person who keeps a dog by virtue of this section for a period of two months without its being claimed by the person who has right to it shall at the end of that period become the owner of the dog.

• (5) If the finder of a dog fails to comply with the requirements of subsection (1) or (3) above he shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

• (6) The Secretary of State may, by regulations, prescribe the procedure to be followed under subsection (2)(a) above.

• (7) In this section “local authority” and “officer” have the same meaning as in section 149 above.

Enforcement of orders about collars and tags for dogs.

151

• (1) Section 13 of the Animal Health Act 1981 (orders for control, etc. of dogs) shall be amended by the insertion, after subsection (2), of the following subsections—

(3) An order under subsection (2)(a) above may include provision for the execution and enforcement of the order by the officers of local authorities (and not by the police force for any area). (4) In subsection (3) above “local authority” and “officer” have the same meaning as in section 149 of the Environmental Protection Act 1990.

• (2) In section 50(1) of that Act (meaning of “local authority”) at the end there shall be inserted the words “and to section 13(3) above”.

• (3) In section 60(1) of that Act (enforcement), at the end, there shall be inserted the words “but subject, in the case of orders under section 13, to any provision made under subsection (3) of that section.”

Straw and stubble burning

Burning of straw and stubble etc.

152

• (1) The appropriate Minister may by regulations prohibit or restrict the burning of crop residues on agricultural land by persons engaged in agriculture and he may (by the same or other regulations) provide exemptions from any prohibition or restriction so imposed.

• (2) Regulations providing an exemption from any prohibition or restriction may make the exemption applicable—

• (a) in all, or only in specified, areas;

• (b) to all, or only to specified, crop residues; or

• (c) in all, or only in specified, circumstances.

• (3) Any power to make regulations under this section includes power—

• (a) to make different provision for different areas or circumstances;

• (b) where burning of a crop residue is restricted, to impose requirements to be complied with before or after the burning;

• (c) to create offences subject to the limitation that no offence shall be made punishable otherwise than on summary conviction and the fine prescribed for the offence shall not exceed level 5 on the standard scale; and

• (d) to make such incidental, supplemental and transitional provision as the appropriate Minister considers appropriate.

• (4) Where it appears to the appropriate Minister appropriate to do so in consequence of any regulations made under the foregoing provisions of this section, the appropriate Minister may, by order, repeal any byelaws of local authorities dealing with the burning of crop residues on agricultural land.

• (5) In this section—

• “agriculture” and “agricultural land” have, as respects England or as respects Wales, the same meaning as in the Agriculture Act 1947 and, as respects Scotland, the same meaning as in the Agriculture (Scotland) Act 1948;

• “crop residue” means straw or stubble or any other crop residue;

• “the appropriate Minister” means the Minister of Agriculture, Fisheries and Food or the Secretary of State or both of them.

Environmental expenditure

Financial assistance for environmental purposes.

153

• (1) The Secretary of State may, with the consent of the Treasury, give financial assistance to, or for the purposes of, any of the following—

• (za) Cenex (Centre of Excellence for Low Carbon and Fuel Cell Technologies) in relation to its activities as respects England and Wales and Northern Ireland;

• (a) the United Nations Environment Programme;

• (b) the European Environmental Bureau;

• (c) the chemicals programme of the Organisation for Economic Co-operation and Development;

• (d) the joint inter-Governmental panel on Climate Change of the United Nations Environment Programme and the World Meteorological Organisation;

• (e) the International Union for the Conservation of Nature and Natural Resources;

• (f) the Convention on International Trade in Endangered Species of Wild Fauna and Flora;

• (g) the Convention on Wetlands of International Importance Especially as Waterfowl Habitat;

• (h) the Convention on Long-range Transboundary Air Pollution and any protocol to that Convention;

• (i) the Convention and Protocol for the Protection of the Ozone Layer;

• (j) the Convention on the Conservation of Migratory Species of Wild Animals;

• (k) the Groundwork Foundation and Trusts;

• (l) the environmental protection technology scheme for research and development in the United Kingdom in relation to such technology;

• (m) the programme known as the special grants programme so far as it relates to the protection, improvement or better understanding of the environment of, or of any part of, Great Britain.

• (n) the programmes of regional and islands councils in Scotland, as local authorities exercising functions under the Sewerage (Scotland) Act 1968, for the carrying out of works to improve the quality of inland, coastal and relevant territorial waters, as defined in section 30A of the Control of Pollution Act 1974, or otherwise to benefit the environment.

• (n) the Royal Society for the Encouragement of Arts, Manufactures and Commerce so far as its activities relate to the protection, improvement or better understanding of the environment.

• (o) UK 2000 Scotland.

• (p) the programme known as the Environment Wales programme so far as it relates to the protection, improvement or better understanding of the environment of, or of any part of, Wales.

• (q) the grant programme known as the Environmental Action Fund;

• (r) the programmes or schemes of the United Nations Habitat and Human Settlements Foundation;

• (s) the programmes or schemes of the International Federation for Housing and Planning so far as they relate to the protection, improvement or better understanding of the environment;

• (t) the programmes or schemes of the INTA.AIVN-International Urban Development Association so far as they relate to the protection, improvement or better understanding of the environment;

• (u) the scheme known as the Darwin Initiative for the Survival of Species that provides support for the conservation and sustainable use of biological resources and habitats and for the furtherance of the aims of the Convention on Biological Diversity.

• (v) the programme known as the Promotion of Positive Environmental Management in Industry Programme.

• (w) any national or international architectural award scheme or competition scheme relating to the protection, improvement or better understanding of the environment;

• (x) the National Forest Company.

• (y) the Energy Saving Trust Limited.

• (z) the Convention on Biological Diversity;

• (aa) the United Nations Framework Convention on Climate Change.

• (bb) the programme known as Radon Measurement and Support for Remedial Works Campaigns in England;

• (cc) the programme known as the Mersey Basin Campaign, in so far as it relates to the protection, improvement or better understanding of the environment, administered by the Mersey Basin Business Foundation;

• (dd) Going For Green Limited, in so far as the activities of that company relate to the protection, improvement or better understanding of the environment.

• (ee) the programme known as the Sustainable Action Fund.

• (ff) The Tidy Britain Group.

• (gg) The Wales Wildlife and Countryside Link.

• (hh) Environmental Campaigns Limited.

• (ii) the Convention for the Protection of the Marine Environment of the North East Atlantic.

• (jj) the programme known as Pollution Emergency Response Services;

• (kk) the programme known as the Waste and Resources Action Programme;

• (ll) the Protocol on Energy Efficiency and Related Environmental Aspects to the Energy Charter Treaty;

• (mm) Zero Waste Scotland;

• (nn) any scheme or programme for the storage, treatment or disposal of any material or product for the purpose of preventing or reducing environmental damage;

• (oo) the programme known as the Waste Minimisation and Recycling Programme;

• (pp) the Carbon Trust;

• (qq) the fund known as the Aggregates Levy Sustainability Fund;

• (rr) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (rr) any scheme or programme for the purpose of preventing or reducing waste, or of promoting resource efficiency, including (without prejudice to those generalities) the Zero Waste programme;

• (ss) the Carbon Trust;

• (tt) any scheme for the regulation of emissions from motor vehicles.

• (uu) the scheme known as the Bio-energy Infrastructure Scheme for Scotland.

• (uu) the International Sustainable Development Fund;

• (vv) the scheme known as the Bio-energy Infrastructure Scheme.

• (ww) the scheme known as the World Summit on Sustainable Development Implementation Fund;

• (xx) the programme known as the Envirowise Programme, in relation to its activities in England.

• (yy) the Zero Carbon Hub Limited.

• (zz) the scheme known as the Community and Renewable Energy Scheme.

• (z1) the programme known as the Low Carbon Infrastructure Transition Programme.

• (z2) any programme of measures to achieve, in relation to a body of water, environmental objectives of the kind that may be set in relation to that body of water under Part 1 of the Water Environment and Water Services (Scotland) Act 2003 or (as the case may be) schedule 1 of the Water Environment(WaterFrameworkDirective) (Solway Tweed River Basin District) Regulations 2004.

• (z3) the programme known as the Scottish Industrial Energy Transformation Fund.

• (z4) a regional land use partnership as defined in section 35(7) of the Climate Change (Scotland) Act 2009, so far as its activities relate to the protection, improvement or better understanding of the environment;

• (z5) any scheme, programme or organisation for the purposes of assessing—

• (i) greenhouse gas emissions from land (including from the use of land),

• (ii) the potential for reducing those emissions;

• (z6) any scheme, programme or organisation for the purposes of assessing—

• (i) biodiversity supported by land,

• (ii) the potential for improving that diversity;

• (z7) any scheme, programme or organisation for the purposes of assessing—

• (i) soil quality,

• (ii) the potential for improving the capacity of soil to support life (whether directly or indirectly);

• (z8) any scheme, programme or organisation for the purposes of eliminating or reducing greenhouse gas emissions from the heating of buildings;

• (z9) any scheme, programme or organisation for the purposes of improving the energy efficiency of buildings;

• (z10) any scheme, programme or organisation for the purposes of the protection, improvement or better understanding of air quality.

• (aaa) the Low Carbon Vehicle Partnership Limited, in relation to its activities as respects England and Wales;

• (a) the United Nations Environment Programme;

• (b) the European Environmental Bureau;

• (c) the chemicals programme of the Organisation for Economic Co-operation and Development;

• (d) the joint inter-Governmental panel on Climate Change of the United Nations Environment Programme and the World Meteorological Organisation;

• (e) the International Union for the Conservation of Nature and Natural Resources;

• (f) the Convention on International Trade in Endangered Species of Wild Fauna and Flora;

• (g) the Convention on Wetlands of International Importance Especially as Waterfowl Habitat;

• (h) the Convention on Long-range Transboundary Air Pollution and any protocol to that Convention;

• (i) the Convention and Protocol for the Protection of the Ozone Layer;

• (j) the Convention on the Conservation of Migratory Species of Wild Animals;

• (k) the Groundwork Foundation and Trusts;

• (l) the environmental protection technology scheme for research and development in the United Kingdom in relation to such technology;

• (m) the programme known as the special grants programme so far as it relates to the protection, improvement or better understanding of the environment of, or of any part of, England and Wales;

• (n) the Royal Society for the Encouragement of Arts, Manufactures and Commerce so far as its activities relate to the protection, improvement or better understanding of the environment;

• (o) the programme known as the Environment Wales programme so far as it relates to the protection, improvement or better understanding of the environment of, or of any part of, Wales;

• (p) the programmes or schemes of the United Nations Habitat and Human Settlements Foundation;

• (q) the programmes or schemes of the International Federation for Housing and Planning so far as they relate to the protection, improvement or better understanding of the environment;

• (r) the programmes or schemes of the INTA.AIVN-International Urban Development Association so far as they relate to the protection, improvement or better understanding of the environment;

• (s) the scheme known as the Darwin Initiative for the Survival of Species that provides support for the conservation and sustainable use of biological resources and habitats and for the furtherance of the aims of the Convention on Biological Diversity;

• (t) the programme known as the Promotion of Positive Environmental Management in Industry Programme;

• (u) any national or international architectural award scheme or competition scheme relating to the protection, improvement or better understanding of the environment;

• (v) the National Forest Company;

• (w) the Energy Saving Trust Limited;

• (x) the Convention on Biological Diversity;

• (y) the United Nations Framework Convention on Climate Change;

• (z) the programme known as Radon Measurement and Support for Remedial Works Campaigns in England;

• (aa) the Wales Wildlife and Countryside Link;

• (bb) the Convention for the Protection of the Marine Environment of the North East Atlantic;

• (cc) the programme known as Pollution Emergency Response Services;

• (dd) the programme known as the Waste and Resources Action Programme;

• (ee) the Protocol on Energy Efficiency and Related Environmental Aspects to the Energy Charter Treaty;

• (ff) the programme known as the Waste Minimisation and Recycling Programme;

• (gg) the Carbon Trust;

• (hh) the International Sustainable Development Fund;

• (ii) the scheme known as the Bio-energy Infrastructure Scheme;

• (jj) the Zero Carbon Hub Limited;

• (kk) the Low Carbon Vehicle Partnership Limited, in relation to its activities as respects England and Wales;

• (ll) Keep Britain Tidy;

• (mm) the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972;

• (nn) the International Convention for the Regulation of Whaling, 1946.

• (oo) any scheme, programme or organisation for the purpose of preventing or reducing waste or litter in England, or of promoting resource efficiency in England;

• (pp) any scheme, programme or organisation for the storage, transport, treatment or disposal of any material or product in England for the purpose of preventing or reducing environmental damage.

• (2) Financial assistance may be given in respect of particular activities or generally in respect of all or some part of the activities carried on or supported by the recipient.

• (3) Financial assistance shall be given in such form and on such terms as the Secretary of State may think fit and, in particular, assistance may be given by making grants (whether or not repayable), loans or guarantees to, or by incurring expenditure, or providing services, staff or equipment for the benefit of, the recipient.

• (4) The Secretary of State may, by order, vary subsection (1) above by adding to or deleting from it any description of organisation, scheme, programme or international agreement whose purposes relate to the protection, improvement or better understanding of the environment.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Groundwork Foundation: superannuation.

154

Employment with the Groundwork Foundation shall be and shall be deemed always to have been included among the kinds of employment to which a superannuation scheme under section 1 of the Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed) the words “Groundwork Foundation” shall be inserted after the words “Gaming Board for Great Britain”.

Remuneration of chairman of Inland Waterways Amenity Advisory Council.

155

In section 110 of the Transport Act 1968 (Inland Waterways Amenity Advisory Council) at the end there shall be inserted—

(7) The Secretary of State may, with the consent of the Treasury, pay the chairman of the Council out of money provided by Parliament such remuneration as the Secretary of State may determine; and where the chairman is in receipt of such remuneration he shall not be paid any allowance under subsection (6) of this section in respect of loss of remunerative time.

Part IX — General

Power to give effect to assimilated obligations and international obligations etc.

156

• (1) The Secretary of State may by regulations provide that the provisions to which this section applies shall have effect with such modifications as may be prescribed for the purpose of enabling Her Majesty’s Government in the United Kingdom—

• (a) to give effect to any assimilated obligation or exercise any related right; or

• (b) to give effect to any obligation or exercise any related right under any international agreement to which the United Kingdom is for the time being a party.

• (2) This section applies to the following provisions of this Act—

• (a) Part I;

• (b) Part II;

• (c) Part VI; and

• (d) in Part VIII, sections 140, 141 or 142

; and the provisions of the the Radioactive Substances Act 1993 Environmental Authorisations (Scotland) Regulations 2018.

• (3) In this section—

• “modifications” includes additions, alterations and omissions;

• “prescribed” means prescribed in regulations under this section; and

• “related right”, in relation to an obligation, includes any derogation or other right to make more onerous provisions available in respect of that obligation.

• (4) This section, in its application to Northern Ireland, has effect subject to the following modifications, that is to say—

• (a) in its application in relation to Part VI and sections 140, 141, and 142, the reference to Her Majesty’s Government in the United Kingdom includes a reference to Her Majesty’s Government in Northern Ireland; and

• (b) in its application in relation to the Radioactive Substances Act 1960, the reference to the Secretary of State shall be construed as a reference to the Department of the Environment for Northern Ireland and the reference to Her Majesty’s Government in the United Kingdom shall be construed as a reference to Her Majesty’s Government in Northern Ireland;

and regulations under it made by that Department shall be a statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 and shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.

Offences by bodies corporate.

157

• (1) Where an offence under any provision of this Act 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.

• (2) Where the affairs of a body corporate are managed by its members, subsection (1) 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.

Offences under Parts I, II, IV, VI, etc. due to fault of others.

158

Where the commission by any person of an offence under Part I, II, IV, or VI, or section 140, 141 or 142 above 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.

Application to Crown.

159

• (1) Subject to the provisions of this section, the provisions of this Act and of regulations and orders made under it shall bind the Crown.

• (2) No contravention by the Crown of any provision of this Act or of any regulations or order made under it shall make the Crown criminally liable; but the High Court or, in Scotland, the Court of Session may, on the application of any public or local authority charged with enforcing that provision, declare unlawful any act or omission of the Crown which constitutes such a contravention.

• (3) Notwithstanding anything in subsection (2) above, the provisions of this Act and of regulations and orders made under it shall apply to persons in the public service of the Crown as they apply to other persons.

• (4) 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 the 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.

• (5) 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 in that Act to Her Majesty in her private capacity) were contained in this Act.

• (6) References in this section to regulations or orders are references to regulations or orders made by statutory instrument.

• (7) For the purposes of this section in its application to Part II and Part IV the authority charged with enforcing the provisions of those Parts in its area is—

• (a) in the case of Part II, any waste regulation authority, and

• (b) in the case of Part IV, any principal litter authority.

Service of notices.

160

• (1) Any notice required or authorised by or under this Act to be served on or given to an inspector may be served or given by delivering it to him or by leaving it at, or sending it by post to, his office.

• (2) Any such notice required or authorised to be served on or given to a person other than an inspector may be served or given by delivering it to him, or by leaving it at his proper address, or by sending it by post to him at that address.

• (3) Any such notice may—

• (a) in the case of a body corporate, be served on or given to the secretary or clerk of that body;

• (b) in the case of a partnership, be served on or given to a partner or a person having the control or management of the partnership business.

• (4) 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 or to whom any such notice is to be served or given shall be his last known address, except that—

• (a) 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;

• (b) 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;

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.

• (5) If the person to be served with or given any such notice has specified an address in the United Kingdom other than his proper address within the meaning of subsection (4) 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.

• (6) The preceding provisions of this section shall apply to the sending or giving of a document as they apply to the giving of a notice.

Regulations and orders

160A

• (1) Regulations and orders under this Act are subject to the negative procedure, other than—

• (a) regulations or orders subject to the affirmative procedure by virtue of subsection (2);

• (b) regulations made by a Northern Ireland department under section 156 (power to give effect to assimilated obligations and international obligations);

• (c) an order under section 164(3) (commencement);

• (d) an order under paragraph 4 of Schedule 3 (statutory nuisance).

• (2) Regulations or orders made under a section listed in the first column of the following Table that are of the description specified in the second column are subject to the affirmative procedure—

Section	Description of regulations or orders
34CA (electronic waste tracking)	regulations that—are the first set of regulations to be made by the relevant national authority (within the meaning given by section 34CA(12)) under section 34CA,provide for conduct to be a criminal offence which is not a criminal offence under existing regulations made by that authority under that section,increase the maximum penalty for a criminal offence under existing regulations made by that authority under that section,provide for conduct to be subject to a civil sanction (within the meaning given by section 34CB(4)) which is not subject to a civil sanction under existing regulations made by that authority under that section, oramend, repeal or revoke a provision contained in primary legislation (within the meaning given by section 34CB(8)) ....
34D (prohibition on disposal of food waste to sewer: Wales)	any regulations under that section.
45AZC (separation of waste)	any regulations under that section.
45AA(10) (separate collection of waste: Wales)	any regulations under that section.
46ZC(1) (civil penalty charges under section 46ZA: procedure and amount)	any regulations under that subsection.
62ZA (regulation of hazardous waste in England and Wales)	regulations that— provide for conduct to be a criminal offence which is not a criminal offence under existing regulations made by the relevant national authority (within the meaning given by section 62ZA(11)) under section 62ZA,increase the maximum penalty for a criminal offence under existing regulations made by that authority under that section, orprovide for conduct to be subject to a civil sanction (within the meaning given by section 62ZA(4)) which is not subject to a civil sanction under existing regulations made by that authority under that section.
78M(4) (offences of not complying with a remediation notice)	any order under that section.
79(1ZA) (statutory nuisance)	any regulations under that section.
80ZA(11) (fixed penalty notices)	any regulations under that section.
88A (litter from vehicles: England)	regulations that include provision falling within section 88A(3)(a) or (6).
88C(5) (littering from a vehicle: Scottish civil penalty regime)	any regulations under that subsection.
section 141 (imports, exports and transit of waste)	regulations that— confer powers of entry, seizure or detention in circumstances where there is no such power under existing regulations under section 141,provide for the charging of fees or charges that are not chargeable under existing regulations under that section,provide for conduct to be a criminal offence which is not a criminal offence under existing regulations under that section,increase the maximum penalty for a criminal offence under existing regulations under that section,provide for conduct to be subject to a civil sanction (within the meaning given by section 141(5B)) which is not subject to a civil sanction under existing regulations under that section, oramend, repeal or revoke a provision contained in primary legislation (within the meaning given by section 141(6)) ....

• (3) Regulations and orders made under this Act by the Secretary of State or the Welsh Ministers are to be made by statutory instrument, other than an order under paragraph 4 of Schedule 3.

• (4) Where regulations or orders under this Act made or to be made by the Secretary of State—

• (a) are subject to the negative procedure, the statutory instrument containing them is subject to annulment in pursuance of a resolution of either House of Parliament;

• (b) are subject to the affirmative procedure, they may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.

• (5) Where regulations or orders under this Act made or to be made by the Welsh Ministers—

• (a) are subject to the negative procedure, the statutory instrument containing them is subject to annulment in pursuance of a resolution of Senedd Cymru;

• (b) are subject to the affirmative procedure, they may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, Senedd Cymru.

• (6) See sections 28 and 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) for the meaning of “the negative procedure” and “the affirmative procedure” in relation to regulations or orders under this Act made or to be made by the Scottish Ministers.

• (7) Any provision that may be made by regulations or order under this Act subject to the negative procedure may be made subject to the affirmative procedure.

Directions

161

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2ZA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2ZB) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2ZC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) Any power conferred by this Act to give a direction shall include power to vary or revoke the direction.

• (6) Any direction given under this Act shall be in writing.

Consequential and minor amendments and repeals.

162

• (1) The enactments specified in Schedule 15 to this Act shall have effect subject to the amendments specified in that Schedule.

• (2) The enactments specified in Schedule 16 to this Act are hereby repealed subject to section 77 above, Schedule 11 to this Act and any provision made by way of a note in Schedule 16.

• (3) The repeal of section 124 of the Civic Government (Scotland) Act 1982 shall not affect a compulsory purchase order made for the purposes of that section under the Local Government (Scotland) Act 1973 before the coming into force of the repeal and such compulsory purchase order may be proceeded with and shall have effect as if the said section 124 had not been repealed.

• (4) The Secretary of State may by order repeal or amend any provision of any local Act passed before this Act (including an Act confirming a provisional order) or of any order or other instrument made under an Act so passed if it appears to him that the provision is inconsistent with, or has become unnecessary or requires alteration in consequence of, any provision of this Act or corresponds to any provision repealed by this Act.

• (5) Any regulations made under section 100 of the Control of Pollution Act 1974 shall have effect after the repeal of that section by subsection (2) above as if made under section 140 of this Act.

Financial provisions.

163

• (1) There shall be paid out of money provided by Parliament—

• (a) any administrative or other expenses incurred by any Minister of the Crown in consequence of the provisions of this Act; and

• (b) any increase attributable to this Act in the sums payable out of money so provided under any other Act.

• (2) Any fees or other sums received by any Minister of the Crown by virtue of any provisions of this Act shall be paid into the Consolidated Fund.

Application of Part VI: England and Wales

163A

Short title, commencement and extent.

164

• (1) This Act may be cited as the Environmental Protection Act 1990.

• (2) The following provisions of the Act shall come into force at the end of the period of two months beginning with the day on which it is passed, namely—

• sections 79 to 85;

• section 97;

• section 99;

• section 105 in so far as it relates to paragraphs 7, 13, 14 and 15 of Schedule 5;

• section 140;

• section 141;

• section 142;

• section 145;

• section 146;

• section 148;

• section 153;

• section 154;

• section 155;

• section 157;

• section 160;

• section 161;

• section 162(1) in so far as it relates to paragraphs 4, 5, 7, 8, 9, 18, 22, 24 and 31(4)(b) of Schedule 15; but, in the case of paragraph 22, in so far only as that paragraph inserts a paragraph (m) into section 7(4) of the Act of 1984;

• section 162(2) in so far as it relates to Part III of Schedule 16 and, in Part IX of that Schedule, the repeal of section 100 of the Control of Pollution Act 1974;

• section 162(5);

• section 163.

• (3) The remainder of this Act (except this section) shall come into force on such day as the Secretary of State may by order appoint and different days may be appointed for different provisions or different purposes.

• (4) Only the following provisions of this Act (together with this section) extend to Northern Ireland, namely—

• section 3(5) to (8);

• section 62(2)(e) in so far as it relates to importation;

• Part V;

• . . ., section 127(2) in so far as it relates to the continental shelf;

• section 140 in so far as it relates to importation;

• section 141;

• section 142 in so far as it relates to importation;

• section 146;

• section 147;

• section 148;

• section 153 except subsection (1)(k) and (m);

• section 156 in so far as it relates to Part VI and sections 140, 141 and 142 in so far as they extend to Northern Ireland and in so far as it relates to the Radioactive Substances Act 1960;

• section 158 in so far as it relates to Part VI and sections 140, 141 and 142 in so far as they extend to Northern Ireland.

• (4A) Sections 45A, 45B and 47A do not extend to Scotland.

• (5) Where any enactment amended or repealed by this Act extends to any part of the United Kingdom, the amendment or repeal extends to that part, subject, however, to any express provision in Schedule 15 or 16.

SCHEDULE 1

Part I — Grant of Authorisations

Applications for authorisations

1

• (1) An application to the enforcing authority for an authorisation must contain such information, and be made in such manner, as may be prescribed in regulations made by the Secretary of State.

• (2) An application to the enforcing authority for an authorisation must also, unless regulations made by the Secretary of State exempt applications of that class, be advertised in such manner as may be prescribed in regulations so made.

• (3) The enforcing authority may, by notice in writing to the applicant, require him to furnish such further information specified in the notice, within the period so specified, as the authority may require for the purpose of determining the application.

• (4) If a person fails to furnish any information required under sub-paragraph (3) above within the period specified thereunder the enforcing authority may refuse to proceed with the application.

• (5) Regulations under this paragraph may make different provision for different classes of applications.

Determination of applications

2

• (1) Subject to sub-paragraph (2) below, the enforcing authority shall give notice of any application for an authorisation, enclosing a copy of the application, to the persons who are prescribed or directed to be consulted under this paragraph and shall do so within the specified period for notification.

• (2) The Secretary of State may, by regulations, exempt any class of application from the requirements of this paragraph or exclude any class of information contained in applications for authorisations from those requirements, in all cases or as respects specified classes only of persons to be consulted.

• (3) Any representations made by the persons so consulted within the period allowed shall be considered by the enforcing authority in determining the application.

• (4) For the purposes of sub-paragraph (1) above—

• (a) persons are prescribed to be consulted on any description of application for an authorisation if they are persons specified for the purposes of applications of that description in regulations made by the Secretary of State;

• (b) persons are directed to be consulted on any particular application if the Secretary of State specifies them in a direction given to the enforcing authority;

and the “specified period for notification” is the period specified in the regulations or in the direction.

• (5) Any representations made by any other persons within the period allowed shall also be considered by the enforcing authority in determining the application.

• (6) Subject to sub-paragraph (7) below, the period allowed for making representations is—

• (a) in the case of persons prescribed or directed to be consulted, the period of twenty-eight days beginning with the date on which notice of the application was given under sub-paragraph (1) above, and

• (b) in the case of other persons, the period of twenty-eight days beginning with the date on which the making of the application was advertised in pursuance of paragraph 1(2) above.

• (7) The Secretary of State may, by order, substitute for the period for the time being specified in sub-paragraph (6)(a) or (b) above, such other period as he considers appropriate.

3

• (1) The Secretary of State may give directions to the enforcing authority requiring that any particular application or any class of applications for an authorisation shall be transmitted to him for determination pending a further direction under sub-paragraph (5) below.

• (2) The enforcing authority shall inform the applicant of the fact that his application is being transmitted to the Secretary of State.

• (3) Where an application for an authorisation is referred to him under sub-paragraph (1) above the Secretary of State may—

• (a) cause a local inquiry to be held in relation to the application; or

• (b) afford the applicant and the authority concerned an opportunity of appearing before and being heard by a person appointed by the Secretary of State;

and he shall exercise one of the powers under this sub-paragraph in any case where, in the manner prescribed by regulations made by the Secretary of State, a request is made to be heard with respect to the application by the applicant or the enforcing authority concerned.

• (4) Subsections (2) to (5) of section 250 of the Local Government Act 1972 (supplementary provisions about local inquiries under that section) or, in relation to Scotland, subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 (which make similar provision) shall, without prejudice to the generality of subsection (1) of either of those sections, apply to inquiries in pursuance of sub-paragraph (3) above as they apply to inquiries in pursuance of either of those sections and, in relation to England and Wales, as if the reference to a local authority in subsection (4) of the said section 250 included a reference to the enforcing authority.

• (5) The Secretary of State shall, on determining any application transferred to him under this paragraph, give to the enforcing authority such a direction as he thinks fit as to whether it is to grant the application and, if so, as to the conditions that are to be attached to the authorisation.

4

The Secretary of State may give the enforcing authority a direction with respect to any particular application or any class of applications for an authorisation requiring the authority not to determine or not to proceed with the application or applications of that class until the expiry of any such period as may be specified in the direction, or until directed by the Secretary of State that they may do so, as the case may be.

5

• (1) Except in a case where an application has been referred to the Secretary of State under paragraph 3 above and subject to sub-paragraph (3) below, the enforcing authority shall determine an application for an authorisation within the period of four months beginning with the day on which it received the application or within such longer period as may be agreed with the applicant.

• (2) If the enforcing authority fails to determine an application for an authorisation within the period allowed by or under this paragraph the application shall, if the applicant notifies the authority in writing that he treats the failure as such, be deemed to have been refused at the end of that period.

• (3) The Secretary of State may, by order, substitute for the period for the time being specified in sub-paragraph (1) above such other period as he considers appropriate and different periods may be substituted for different classes of application.

Part II — Variation of Authorisations

Variations by the enforcing authority

6

• (1) Except as provided by sub-paragraph (1A) below, The requirements of this paragraph apply where an enforcing authority has decided to vary an authorisation under section 10 and is of the opinion that any action to be taken by the holder of the authorisation in consequence of the variation will involve a substantial change in the manner in which the process is being carried on.

• (1A) The requirements of this paragraph shall not apply in relation to any variations of an authorisation which an enforcing authority has decided to make in consequence of representations made in accordance with this paragraph and which are specified by way of variation of a variation notice by a further notice under section 10(3A) of this Act.

• (2) Subject to sub-paragraph (3) below, the enforcing authority shall give notice of the action to be taken by the holder of the authorisation to the persons who are prescribed or directed to be consulted under this paragraph and shall do so within the specified period for notification; and the holder shall advertise the action in the manner prescribed in regulations made by the Secretary of State.

• (3) The Secretary of State may, by regulations, exempt any class of variation from all or any of the requirements of this paragraph or exclude any class of information relating to action to be taken by holders of authorisations from all or any of those requirements, in all cases or as respects specified classes only of persons to be consulted.

• (4) Any representations made by the persons so consulted within the period allowed shall be considered by the enforcing authority in taking its decision.

• (5) For the purposes of sub-paragraph (2) above—

• (a) persons are prescribed to be consulted on any description of variation if they are persons specified for the purposes of variations of that description in regulations made by the Secretary of State;

• (b) persons are directed to be consulted on any particular variation if the Secretary of State specifies them in a direction given to the enforcing authority;

and the “specified period for notification” is the period specified in the regulations or in the direction.

• (6) Any representations made by any other persons within the period allowed shall also be considered by the enforcing authority in taking its decision.

• (7) Subject to sub-paragraph (8) below, the period allowed for making representations is—

• (a) in the case of persons prescribed or directed to be consulted, the period of twenty-eight days beginning with the date on which notice was given under sub-paragraph (2) above, and

• (b) in the case of other persons, the period of twenty-eight days beginning with the date of the advertisement under sub-paragraph (2) above.

• (8) The Secretary of State may, by order, substitute for the period for the time being specified in sub-paragraph (7)(a) or (b) above, such other period as he considers appropriate.

Applications for variation

7

• (1) The requirements of this paragraph apply where an application is made to an enforcing authority under section 11(4) for the variation of an authorisation.

• (2) Subject to sub-paragraph (3) below, the enforcing authority shall give notice of any such application for a variation of an authorisation, enclosing a copy of the application, to the persons who are prescribed or directed to be consulted under this paragraph and shall do so within the specified period for notification; and the holder of the authorisation shall advertise the application in the manner prescribed in regulations made by the Secretary of State.

• (3) The Secretary of State may, by regulations, exempt any class of application from all or any of the requirements of this paragraph or exclude any class of information furnished with applications for variations of authorisations from all or any of those requirements, in all cases or as respects specified classes only of persons to be consulted.

• (4) Any representations made by the persons so consulted within the period allowed shall be considered by the enforcing authority in determining the application.

• (5) For the purposes of sub-paragraph (2) above—

• (a) persons are prescribed to be consulted on any description of application for a variation if they are persons specified for the purposes of applications of that description in regulations made by the Secretary of State;

• (b) persons are directed to be consulted on any particular application if the Secretary of State specifies them in a direction given to the enforcing authority;

and the “specified period for notification” is the period specified in the regulations or in the direction.

• (6) Any representation made by any other persons within the period allowed shall also be considered by the enforcing authority in determining the application.

• (7) Subject to sub-paragraph (8) below, the period allowed for making representations is—

• (a) in the case of persons prescribed or directed to be consulted, the period of twenty-eight days beginning with the date on which notice of the application was given under sub-paragraph (2) above; and

• (b) in the case of other persons, the period of twenty-eight days beginning with the date on which the making of the application was advertised in pursuance of sub-paragraph (2) above.

• (8) The Secretary of State may, by order, substitute for the period for the time being specified in sub-paragraph (7)(a) or (b) above, such other period as he considers appropriate.

Call in of applications for variation

8

• (1) The Secretary of State may give directions to the enforcing authority requiring that any particular application or any class of applications for the variation of an authorisation shall be transmitted to him for determination pending a further direction under sub-paragraph (5) below.

• (2) The enforcing authority shall inform the applicant of the fact that his application is being transmitted to the Secretary of State.

• (3) Where an application for the variation of an authorisation is referred to him under sub-paragraph (1) above the Secretary of State may—

• (a) cause a local inquiry to be held in relation to the application; or

• (b) afford the applicant and the authority concerned an opportunity of appearing before and being heard by a person appointed by the Secretary of State;

and he shall exercise one of the powers under this sub-paragraph in any case where, in the manner prescribed by regulations made by the Secretary of State, a request is made to be heard with respect to the application by the applicant or the enforcing authority concerned.