Environment Act 1995

(110A) (1) Subject to the provisions of this section, this Act shall bind the Crown. (2) No contravention by the Crown of any provision made by or under this Act shall make the Crown criminally liable; but the Court of Session may, on the application of a water authority, declare unlawful any act or omission of the Crown which constitutes such a contravention. (3) Notwithstanding anything in subsection (2) 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. (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 those premises, those powers shall not be exercisable in relation to those premises. (5) Nothing in this section shall be taken as in any way affecting Her Majesty in her private capacity. (6) Subject to subsections (4) and (5) above, the powers conferred by sections 16 to 18 above shall be exercisable in relation to land in which there is a Crown interest only with the consent of the appropriate authority. (7) In this section— - “the appropriate authority” has the same meaning as it has in section 253(7) of the Town and Country Planning (Scotland) Act 1972; - “Crown interest” means an interest belonging to Her Majesty in right of the Crown, or belonging to a government department or held in trust for Her Majesty for the purposes of a government department; - “Crown premises” means premises held by or on behalf of the Crown. (8) The provisions of subsection (7) of section 253 of the Town and Country Planning (Scotland) Act 1972 (questions relating to Crown application) as to the determination of questions shall apply for the purposes of this section.

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The Local Government etc. (Scotland) Act 1994

6

After section 125 of the Local Government etc. (Scotland) Act 1994 there shall be inserted—

(125A) (1) Subject to the provisions of this section, this Part of this Act shall bind the Crown. (2) No contravention by the Crown of any provision made by or under this Part of this Act shall make the Crown criminally liable; but the Court of Session may, on the application of a new water and sewerage authority, declare unlawful any act or omission of the Crown which constitutes such a contravention. (3) Notwithstanding anything in subsection (2) above, any provision made by or under this Part of this Act shall apply to persons in the public service of the Crown as it applies to other persons. (4) Nothing in this section shall be taken as in any way affecting Her Majesty in her private capacity. (5) Subject to subsection (4) above, the powers conferred by section 99 above shall be exercisable in relation to land in which there is a Crown interest only with the consent of the appropriate authority. (6) In this section— - “the appropriate authority” has the same meaning as it has in section 253(7) of the Town and Country Planning (Scotland) Act 1972; - “Crown interest” means an interest belonging to Her Majesty in right of the Crown, or belonging to a government department or held in trust for Her Majesty for the purposes of a government department; - “Crown premises” means premises held by or on behalf of the Crown. (7) The provisions of subsection (7) of section 253 of the Town and Country Planning (Scotland) Act 1972 (questions relating to Crown application) as to the determination of questions shall apply for the purposes of this section.

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SCHEDULE 22

The Alkali, &c., Works Regulation Act 1906

1

• (1) The Alkali, &c, Works Regulation Act 1906 shall be amended in accordance with the following provisions of this paragraph.

• (2) 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 ”.

• (3) 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 ”.

• (4) In section 9—

• (a) in subsection (5) (condition of issue of certificate on first registration that the work is furnished with such appliances as appear to the chief inspector or, on appeal, the Secretary of State to be necessary for certain purposes) for the words “the chief inspector” there shall be substituted the words “ the appropriate Agency ”;

• (b) the proviso to that subsection (power of Secretary of State to dispense with certain requirements) shall cease to have effect; and

• (c) in subsection (7) (notice of certain changes to be sent to the Secretary of State) for the words which are to be construed as a reference to the Secretary of State, there shall be substituted the words “ the appropriate Agency ”.

• (5) 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 ”.

• (6) 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 ”.

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

• (8) In section 27(1) (interpretation of terms)—

• (a) after the definition of the expression “alkali works” there shall be inserted—

The expression “the appropriate Agency” means— (a) in relation to England and Wales, the Environment Agency; and (b) in relation to Scotland, the Scottish Environment Protection Agency:

; and

• (b) the definitions of the expressions “chief inspector” and “inspector” shall be omitted.

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Statistics of Trade Act 1947

2

In the Statistics of Trade Act 1947, after section 9 (restrictions on disclosure of information) there shall be inserted—

(9A) (1) Nothing in section nine of this Act shall prevent or penalise the disclosure by the Secretary of State of information obtained under this Act— (a) to the Environment Agency or the Scottish Environment Protection Agency; or (b) to an officer of either of those Agencies authorised by that Agency to receive the information. (2) A person to whom information is disclosed in pursuance of the last foregoing subsection shall not use the information for any purpose other than the purposes of any functions of the Agency in question.

The Rivers (Prevention of Pollution) (Scotland) Act 1951

3

• (1) The Rivers (Prevention of Pollution) (Scotland) Act 1951 shall be amended in accordance with the following provisions of this paragraph.

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

• (3) In section 18 (provision and obtaining of information)—

• (a) in subsection (1) (power to obtain information)—

• (i) for the word “them” in each place where it occurs there shall be substituted the word “ it ”;

• (ii) for the words “a river purification authority” there shall be substituted the words “ SEPA ”; and

• (iii) the words “of their area”, “in their area” (where first occurring) and “in their area or any part thereof” shall cease to have effect;

• (b) in subsection (2) (Secretary of State’s power to give directions) for the words “any river purification authority” and “the authority” there shall be substituted the words “ SEPA ”, and for the word “them” there shall be substituted the word “ it ”; and

• (c) in subsection (3) (duty to provide reasonable facilities for inspection of records)—

• (i) for the words “Every river purification authority” and “the river purification authority” there shall be substituted the words “ SEPA ”;

• (ii) for the word “them” there shall be substituted the word “ it ”; and

• (iii) the words “in their area” and the words from “whose” to “authority” where it next occurs shall cease to have effect; and

• (d) in subsection (6) (interpretation of “stream”) for the words “the river purification authority’s” there shall be substituted the words “ SEPA’s ”.

• (4) In section 19 (power to take samples of effluents)—

• (a) in subsection (1) (power to obtain and take away samples of water from any stream or effluent)—

• (i) for the words “A river purification authority” there shall be substituted the words “ SEPA ”; and

• (ii) the words “in the area of the authority” shall cease to have effect; and

• (b) in subsection (3) (interpretation of “stream”) for the words “the river purification authority’s” there shall be substituted the words “ SEPA’s ”.

• (5) In section 35 (interpretation)—

• (a) the definitions of “river purification authority”, “river purification board” and “river purification board area” shall cease to have effect; and

• (b) there shall be inserted at the appropriate place—

“SEPA” means the Scottish Environment Protection Agency;

.

The Public Records Act 1958

4

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. ”.

The Opencast Coal Act 1958

5

• (1) 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 ”.

• (2) 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 ”.

The Rivers (Prevention of Pollution) (Scotland) Act 1965

6

In section 10 of the Rivers (Prevention of Pollution) (Scotland) Act 1965 (samples of effluent)—

• (a) in subsection (2)—

• (i) 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

• (ii) for the words “the river purification authority’s” there shall be substituted the words “ SEPA’s ”; and

• (b) 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 ”.

The Nuclear Installations Act 1965

7

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

8

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

9

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

10

In section 26 (interpretation) in subsection (1), there shall be inserted at the appropriate place—

“the appropriate Agency” means— (a) in the case of a site in England or Wales, the Environment Agency; (b) in the case of a site in Scotland, the Scottish Environment Protection Agency;

.

The Parliamentary Commissioner Act 1967

11

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments and authorities subject to investigation)—

• (a) there shall be inserted at the appropriate places the entries—

• (i) “ Environment Agency ”; and

• (ii) “ Scottish Environment Protection Agency ”;

• (b) after note 1, there shall be inserted—

(1A) The reference to the Environment Agency is a reference to that Agency in relation to all its functions other than its flood defence functions, within the meaning of the Water Resources Act 1991.

; and

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Sewerage (Scotland) Act 1968

12

• (1) 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)—

• (a) after the word “consult” where it first occurs there shall be inserted the words “ the Scottish Environment Protection Agency and ”; and

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

The Local Authorities (Goods and Services) Act 1970

13

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

14

• (1) The Agriculture Act 1970 shall be amended in accordance with the following provisions of this paragraph.

• (2) In section 92(1) (provision of flood warning systems)—

• (a) for the words from the beginning to “may” where it first occurs there shall be substituted the words “ The Scottish Environment Protection Agency may ”;

• (b) the words “for their area” and “both within (and in the case of a river purification board) outwith, that area,” shall cease to have effect;

• (c) in sub-paragraph (i) of the proviso—

• (i) for the words “a river purification board” there shall be substituted the words “ the Scottish Environment Protection Agency ”;

• (ii) for the word “them” there shall be substituted the word “ it ”; and

• (iii) for the words “that board” there shall be substituted the words “ the Agency ”; and

• (d) in sub-paragraph (ia) of the proviso for the words following “exercise” to “shall” there shall be substituted the words “ , the Agency shall ”.

• (3) In section 92(2)—

• (a) in paragraph (a)(iii) for the words “the authority providing the system” there shall be substituted the words “ the Scottish Environment Protection Agency ”;

• (b) paragraph (c) (definition of “river purification board”) shall cease to have effect.

• (4) In section 94 (co-operation with other persons as regards flood warning systems)—

• (a) in subsection (1) for the words following “warning system” to “may” where it first occurs there shall be substituted the words “ the Scottish Environment Protection Agency may ” and for the words following “belonging to the” to “for” there shall be substituted the words “ Agency for ”;

• (b) in subsection (2) for the words from the beginning to “may” and for the words following “apparatus of” there shall be substituted the words “ The Agency may ” and “ the Agency ” respectively.

• (5) In section 98 (extent of Part VI)—

• (a) for the words from the beginning to “England” there shall be substituted the words “ The Scottish Environment Protection Agency ”;

• (b) for the words “section 92(1)(b)” there shall be substituted the words “ section 92(1) ”; and

• (c) for the words “the National Rivers Authority” there shall be substituted the words “ the Environment Agency ”.

The Prevention of Oil Pollution Act 1971

15

• (1) The Prevention of Oil Pollution Act 1971 shall be amended in accordance with the following provisions of this paragraph.

• (2) After section 11 (duty to report discharge of oil into waters of harbours) there shall be inserted—

(11A) (1) The provisions of sections 2(1) and (2A), 3(1) and 11(1) of this Act shall not apply to any discharge which is made under, and the provisions of section 11(1) of this Act shall not apply to any escape which is authorised by, an authorisation granted under Part I of the Environmental Protection Act 1990. (2) This section does not extend to Northern Ireland.

• (3) 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 ”.

The Town and Country Planning (Scotland) Act 1972

16

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

The Local Government Act 1972

17

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)—

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

• (b) the words “and the National Rivers Authority” shall cease to have effect.

The Local Government Act 1974

18

In section 25(1) of the Local Government Act 1974 (authorities subject to investigation by Local Commissioners), for paragraph (d) there shall be substituted—

(d) in relation to the flood defence functions of the Environment Agency, within the meaning of the Water Resources Act 1991, the Environment Agency and any regional flood defence committee.

The Control of Pollution Act 1974

19

• (1) 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.

• (2) In subsection (3) (duty of recipient of application for licence where planning permission is in force)—

• (a) for the words “Where a disposal authority receives an application” there shall be substituted the words “ Where an application has been received ”; and

• (b) for the words “the authority”, where first occurring, there shall be substituted the words “ the appropriate Agency ” and, where secondly occurring, there shall be substituted the words “ that Agency ”.

• (3) In subsection (4) (duty of disposal authority to refer to National Rivers Authority etc proposals to issue licences)—

• (a) for the words “a disposal authority” there shall be substituted the words “ the appropriate Agency ”;

• (b) for the words “the authority” there shall be substituted the words “ that Agency ”;

• (c) for paragraph (a), there shall be substituted—

(a) to refer the proposal to any collection authority whose area includes any part of the relevant land; and

;

• (d) in paragraph (b), for the words “the disposal authority”, in both places where they occur, there shall be substituted the words “ that Agency ”; and

• (e) the words following paragraph (b) (reference of proposal to Secretary of State in certain cases) shall cease to have effect.

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

20

• (1) Section 6 of that Act (provisions supplementary to section 5) shall be amended in accordance with the following provisions of this paragraph.

• (2) In subsection (2) (conditions which may be included in disposal licences)—

• (a) for the words “the disposal authority which issues it” there shall be substituted the words “ the appropriate Agency ”; and

• (b) for the words “the authority” there shall be substituted the words “ that Agency ”.

• (3) 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 ”.

• (4) In subsection (4) (duty of each disposal authority to maintain registers etc)—

• (a) for the words “each disposal authority” there shall be substituted the words “ the Environment Agency and of SEPA ”;

• (b) for paragraph (a) there shall be substituted—

(a) to maintain a register containing copies of all disposal licences which are for the time being in force in respect of land in England and Wales or, as the case may be, Scotland;

and

• (c) in paragraph (c), for the words “the authority” there shall be substituted the words “ that Agency ”.

• (5) In subsection (5) (applications deemed to be refused if not granted within two months of receipt)—

• (a) for the words “a disposal authority receives an application duly made to it for a disposal licence” there shall be substituted the words “ a duly made application for a disposal licence was received ”;

• (b) for the words “the authority”, in the first two places where they occur, there shall be substituted the words “ the appropriate Agency ”; and

• (c) for the words “the authority”, wherever else occurring, there shall be substituted the words “ that Agency ”.

21

• (1) Section 7 of that Act (variation of conditions and revocation of licences) shall be amended in accordance with the following provisions of this paragraph.

• (2) In subsection (1) (modification of conditions of disposal licences issued by disposal authorities)—

• (a) the words “issued by a disposal authority” shall be omitted; and

• (b) for the words “the authority”, where first occurring, there shall be substituted the words “ the appropriate Agency ” and, wherever else occurring, there shall be substituted the words “ that Agency ”.

• (3) In subsection (2) (application of section 5(4))—

• (a) the words “or, in relation to Scotland, subsection (5)” shall cease to have effect; and

• (b) for paragraphs (a) and (b) there shall be substituted—

(a) the Environment Agency or SEPA, as the case may be, may postpone the reference in pursuance of the said subsection (4) so far as it considers that by reason of an emergency it is appropriate to do so; and (b) the Environment Agency or SEPA, as the case may be, may disregard any collection authority for the purposes of the preceding provisions of this subsection in relation to a modification which, in the opinion of that Agency, will not affect that authority.

• (4) In subsection (4) (revocation of disposal licences issued by disposal authorities)—

• (a) the words “issued by a disposal authority” shall be omitted;

• (b) for the words “the authority”, where first occurring, there shall be substituted the words “ the appropriate Agency ” and, in the other place where they occur, there shall be substituted the words “ that Agency ”.

22

• (1) Section 8 of that Act (transfer and relinquishment of licences) shall be amended in accordance with the following provisions of this paragraph.

• (2) In subsection (1) (transfer of licences)—

• (a) for the words “the authority which issued the licence” there shall be substituted the words “ the appropriate Agency ”; and

• (b) for the words “the authority”, in both places where they occur, there shall be substituted the words “ that Agency ”.

• (3) In subsection (4) (cancellation of licences)—

• (a) for the words “the authority which issued it” there shall be substituted the words “ the appropriate Agency ”; and

• (b) for the words “the authority”, in the other place where they occur, there shall be substituted the words “ that Agency ”.

23

• (1) Section 9 of that Act (supervision of licensed activities) shall be amended in accordance with the following provisions of this paragraph.

• (2) 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 ”.

• (3) In subsection (2) (powers of entry of authorised officers to carry out works in an emergency)—

• (a) for the words “a disposal authority” there shall be substituted the words “ the Environment Agency or SEPA, as the case may be, ”; and

• (b) for the words “the authority”, wherever occurring, there shall be substituted the words “ that Agency ”.

• (4) In subsection (3) (recovery of certain expenditure from licence holders)—

• (a) for the words “a disposal authority” there shall be substituted the words “ the Environment Agency or SEPA ”; and

• (b) for the words “the authority” there shall be substituted the word “ it ”.

• (5) In subsection (4) (breach of conditions of licences)—

• (a) for the words “a disposal authority” there shall be substituted the words “ the appropriate Agency ”;

• (b) the words “issued by the authority” shall be omitted; and

• (c) for the words “the authority”, wherever else occurring, there shall be substituted the words “ that Agency ”.

24

• (1) 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.

• (2) 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 ”.

• (3) In subsection (3) (cases where the decision under appeal is effective pending the determination of the appeal)—

• (a) for the words “to a decision of a disposal authority” there shall be substituted the words “ if the decision in question is a decision ”;

• (b) for the words “in the opinion of the authority” there shall be substituted the words “ in the opinion of the body making the decision in question ”;

• (c) for the words “the authority acted” there shall be substituted the words “ that body acted ”; and

• (d) in paragraph (b), for the words “the authority” there shall be substituted the words “ the appropriate Agency ”.

25

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

26

• (1) 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.

• (2) 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 ”.

• (3) After subsection (7) there shall be added—

(8) The authorities to which this section applies are— (a) the appropriate Agency; (b) any collection authority in whose area the land mentioned in subsection (1) above is situated.

27

In section 30 of that Act (interpretation of Part I) in subsection (1)—

• (a) the following definition shall be inserted at the appropriate place—

• “the appropriate Agency” means—
• in relation to England and Wales, the Environment Agency;
• in relation to Scotland, SEPA;

;

• (b) for the definition of “waste” there shall be substituted—

“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;

; and

• (c) 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.

28

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 ”.

29

• (1) 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.

• (2) 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.

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

• (4) In section 30C (water quality objectives)—

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

• (b) in subsection (3)(b) (Secretary of State to review water quality objectives) for the words “the river purification authority on which that notice has been served” there shall be substituted the words “ SEPA ”;

• (c) in subsection (4) (Secretary of State to give notice and consider representations when reviewing water quality objectives)—

• (i) the words “in the area of a river purification authority” shall cease to have effect; and

• (ii) in paragraph (a) for the words “that authority” there shall be substituted the words “ SEPA ”;

• (d) in subsection (5)(b) (form of notice to be given by the Secretary of State when varying water quality objectives) for the words “the authority” there shall be substituted the words “ SEPA ”; and

• (e) in subsection (6) (Secretary of State to serve further notice where water quality objectives remain unchanged)—

• (i) the words “in the area of a river purification authority” shall cease to have effect; and

• (ii) for the words “that authority” there shall be substituted the words “ SEPA ”.

• (5) In section 30E (consultation and collaboration)—

• (a) for the word “their” there shall be substituted the word “ its ”;

• (b) for the words “river purification authorities” there shall be substituted the words “ SEPA ”; and

• (c) for the words “National Rivers Authority” there shall be substituted the words “ Environment Agency ”.

• (6) In section 31 (control of pollution of rivers and coastal waters etc.)—

• (a) in subsection (4)(b) (Secretary of State power to restrict or prohibit prescribed activities in designated areas) for the words “the river purification authority in whose area the place is situated” there shall be substituted the words “ SEPA ”; and

• (b) in subsection (6) (power to make byelaws to prohibit or regulate prescribed activities)—

• (i) for the words “the authority” there shall be substituted the word “ it ”; and

• (ii) the words “in its area” shall cease to have effect.

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

• (8) In section 33(1) (power to make byelaws regulating or prohibiting sanitary appliances on vessels)—

• (a) for the words “the authority” where they first occur there shall be substituted the word “ it ”; and

• (b) the words “in the area of the authority” shall cease to have effect.

• (9) In section 34 (consents for discharges of trade and sewage effluent etc.)—

• (a) for the words “the authority” and “the authority’s” in each place where they occur (other than the last reference in subsection (2)) there shall be substituted the words “ SEPA ” and “ SEPA’s ” respectively;

• (b) in subsection (2) (disposal of application)—

• (i) for the words “a river purification authority to which an application for consent is” there shall be substituted the words “ SEPA, in relation to an application for consent ”;

• (ii) for the word “three” there shall be substituted the word “ four ”; and

• (iii) for the words “the authority shall be deemed to have refused the consent” there shall be substituted the words “ the applicant may treat the consent applied for as having been refused ”; and

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) 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.

• (11) In section 36 (provisions supplementary to sections 34 and 35)—

• (a) in subsection (1), after the word “shall” there shall be inserted the words “ , subject to subsections (2A) and (2B) below, ”;

• (b) after subsection (2) there shall be inserted the following subsections—

(2A) A person who proposes to make, or has made, an application to SEPA for consent in pursuance of section 34 of this Act may apply to the Secretary of State within a prescribed period for a certificate providing that subsection (1) above shall not apply to that application. (2B) If the Secretary of State is satisfied that— (a) it would be contrary to the interests of national security; or (b) it would prejudice to an unreasonable degree the commercial interests of any person, not to issue a certificate applied for under subsection (2A) above, he may issue the certificate and, if he does so, subsection (1) above shall not apply to the application specified in the certificate.

; and

• (c) in subsection (6), for the word “three” there shall be substituted the word “ four ”.

• (12) 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 ”.

• (13) 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 ”.

• (14) After section 38 there shall be inserted—

(38A) (1) If it appears appropriate to the Secretary of State to do so he may at any time direct SEPA to review— (a) the consents given under section 34 of this Act; or (b) any description of such consents, and the conditions (if any) to which those consents are subject. (2) A direction given by virtue of subsection (1) above— (a) shall specify the purpose for which; and (b) may specify the manner in which, the review is to be conducted. (3) After carrying out the review, SEPA shall submit to the Secretary of State its proposals (if any) for— (a) the modification of the conditions of any consent reviewed pursuant to the direction; or (b) in the case of any such consent which is unconditional, subjecting the consent to conditions. (4) Where the Secretary of State has received any proposals under subsection (3) above in relation to any consent he may, if it appears appropriate to him to do so, direct SEPA, in relation to that consent— (a) to make modifications of the conditions of the consent; or (b) in the case of an unconditional consent, to subject the consent to conditions. (5) A direction given by virtue of subsection (4) above may direct SEPA to do, in relation to any such consent, only— (a) any such thing as SEPA has proposed should be done in relation to that consent; or (b) any such thing with such modifications as appear to the Secretary of State to be appropriate.

.

• (15) In section 39 (appeals to Secretary of State)—

• (a) in subsection (1), in each of paragraphs (b) and (c), for the words “the preceding section” there shall be substituted the words “ section 38 of this Act ”;

• (b) in subsection (5), for the words “terms and period as are” there shall be substituted the words “ period as is ”;

• (c) after that subsection there shall be inserted the following subsections—

(5A) Subject to subsection (5B) below, where a question is referred to the Secretary of State in pursuance of subsection (1)(b) above, the revocation of the consent or, as the case may be, the modification of the conditions of the consent or the provision that the consent (having been unconditional) shall be subject to conditions, shall not take effect while the reference is pending. (5B) Subsection (5A) above shall not apply to a reference where the notice effecting the revocation, modification or provision in question includes a statement that in the opinion of SEPA it is necessary for the purpose of preventing or, where that is not practicable, minimising— (a) the entry into controlled waters of any poisonous, noxious or polluting matter or any solid waste matter, or (b) harm to human health, that that subsection should not apply. (5C) Where the reference falls within subsection (5B) above, if, on the application of the holder or former holder of the consent, the Secretary of State (or other person determining the question referred) determines that SEPA acted unreasonably in excluding the application of subsection (5A) above, then— (a) if the reference is still pending at the end of the day on which that determination is made, subsection (5A) above shall apply to the reference from the end of that day; and (b) the holder or former holder of the consent shall be entitled to recover compensation from SEPA in respect of any loss suffered by him in consequence of the exclusion of the application of that subsection; and any dispute as to a person’s entitlement to such compensation or as to the amount of it shall be determined by a single arbiter appointed, in default of agreement between the parties concerned, by the Secretary of State on the application of any of the parties.

; and

• (d) at the end there shall be added—

(7) This section is subject to section 114 of the Environment Act 1995 (delegation or reference of appeals). (8) In this section “the holder”, in relation to a consent, is the person who has the consent.

• (16) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (17) In section 41(1) (maintenance of registers)—

• (a) after the words “prescribed particulars of” there shall be inserted the words “ or relating to ”;

• (b) the following provisions shall cease to have effect—

• (i) in paragraph (c) (information contained in registers) the words “(except section 40(4))”;

• (ii) in paragraph (d) (duty to maintain registers of samples of effluent), sub-paragraph (ii); and

• (iii) paragraph (e) (duty to register certain notices);

• (c) there shall be added at the end the following paragraphs—

(f) enforcement notices served under section 49A of this Act; (g) directions given by the Secretary of State in relation to SEPA’s functions under this Part of this Act; (h) convictions, for offences under this Part of this Act, of persons who have the benefit of consents under section 34 of this Act; (j) information obtained or furnished in pursuance of conditions of such consents; (k) works notices under section 46A of this Act; (l) appeals under section 46C of this Act; (m) convictions for offences under section 46D of this Act; and (n) such other matters relating to the quality of water as may be prescribed.

• (18) 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. ”

• (19) At the end of section 41 there shall be added the following subsection—

(3) The Secretary of State may give SEPA directions requiring the removal from any register maintained by it under this section of any specified information which is not prescribed for inclusion under subsection (1) of this section or which, by virtue of section 42A or 42B of this Act, ought to have been excluded from the registers.

• (20) For section 42, there shall be substituted the following sections—

(42A) (1) No information shall be included in a register kept or maintained by SEPA under section 41 of this Act if and so long as, in the opinion of the Secretary of State, the inclusion in such a register of that information, or information of that description, would be contrary to the interests of national security. (2) The Secretary of State may, for the purposes of securing the exclusion from registers of information to which subsection (1) of this section applies, give SEPA directions— (a) specifying information, or descriptions of information, to be excluded from their registers; or (b) specifying descriptions of information to be referred to the Secretary of State for his determination; and no information to be referred to the Secretary of State in pursuance of paragraph (b) of this subsection shall be included in any such register until the Secretary of State determines that it should be so included. (3) SEPA shall notify the Secretary of State of any information it excludes from a register in pursuance of directions under subsection (2) of this section. (4) A person may, as respects any information which appears to him to be information to which subsection (1) of this section may apply, give a notice to the Secretary of State specifying the information and indicating its apparent nature; and, if he does so— (a) he shall notify SEPA that he has done so; and (b) no information so notified to the Secretary of State shall be included in any such register until the Secretary of State has determined that it should be so included. (42B) (1) No information relating to the affairs of any individual or business shall, without the consent of that individual or the person for the time being carrying on that business, be included in a register kept or maintained by SEPA under section 41 of this Act, if and so long as the information— (a) is, in relation to him, commercially confidential; and (b) is not required to be included in the register in pursuance of directions under subsection (7) of this section; but information is not commercially confidential for the purposes of this section unless it is determined under this section to be so by SEPA, or, on appeal, by the Secretary of State. (2) Where information is furnished to SEPA for the purpose of— (a) an application for a consent under section 34 of this Act; (b) complying with any condition of such a consent; or (c) complying with a notice under section 93 of this Act, then, if the person furnishing it applies to SEPA to have the information excluded from any register kept or maintained by SEPA under section 41 of this Act, on the ground that it is commercially confidential (as regards himself or another person), SEPA shall determine whether the information is or is not commercially confidential. (3) A determination under subsection (2) of this section must be made within the period of fourteen days beginning with the date of the application and if SEPA fails to make a determination within that period it shall be treated as having determined that the information is commercially confidential. (4) Where it appears to SEPA that any information (other than information furnished in circumstances within subsection (2) of this section) which has been obtained by SEPA under or by virtue of any provision of any enactment might be commercially confidential, SEPA shall— (a) give to the person to whom or whose business it relates notice that that information is required to be included in a register kept or maintained by SEPA under section 41 of this Act, unless excluded under this section; and (b) give him a reasonable opportunity— (i) of objecting to the inclusion of the information on the ground that it is commercially confidential; and (ii) of making representations to SEPA for the purpose of justifying any such objection; and, if any representations are made, SEPA shall, having taken the representations into account, determine whether the information is or is not commercially confidential. (5) Where, under subsection (2) or (4) of this section, SEPA determines that information is not commercially confidential— (a) the information shall not be entered on the register until the end of the period of twenty-one days beginning with the date on which the determination is notified to the person concerned; and (b) that person may appeal to the Secretary of State against the decision; and, where an appeal is brought in respect of any information, the information shall not be entered on the register pending the final determination or withdrawal of the appeal. (6) Subsections (2), (4) and (7) of section 49B of this Act shall apply in relation to appeals under subsection (5) of this section; but (a) subsection (4) of that section shall have effect for the purposes of this subsection with the substitution for the words from (“which may” onwards of the words “(which must be held in private)”; and (b) subsection (5) of this section is subject to section 114 of the Environment Act 1995 (delegation or reference of appeals etc). (7) The Secretary of State may give SEPA directions as to specified information, or descriptions of information, which the public interest requires to be included in registers kept or maintained by SEPA under section 41 of this Act notwithstanding that the information may be commercially confidential. (8) Information excluded from a register shall be treated as ceasing to be commercially confidential for the purposes of this section at the expiry of the period of four years beginning with the date of the determination by virtue of which it was excluded; but the person who furnished it may apply to SEPA for the information to remain excluded from the register on the ground that it is still commercially confidential and SEPA shall determine whether or not that is the case. (9) Subsections (5) and (6) of this section shall apply in relation to a determination under subsection (8) of this section as they apply in relation to a determination under subsection (2) or (4) of this section. (10) The Secretary of State may prescribe the substitution (whether in all cases or in such classes or descriptions of case as may be prescribed) for the period for the time being specified in subsection (3) above of such other period as he considers appropriate. (11) Information is, for the purposes of any determination under this section, commercially confidential, in relation to any individual or person, if its being contained in register would prejudice to an unreasonable degree the commercial interests of that individual or person.

• (21) In section 46 (operations to remedy or forestall pollution of water)—

• (a) in subsection (1)—

• (i) at the beginning there shall be inserted the words “ Subject to subsection (1B) below, ”; and

• (ii) the words “in its area” where they first occur and “in its area or elsewhere” shall cease to have effect;

• (b) after subsection (1) there shall be inserted—

(1A) In either case mentioned in subsection (1) of this section, SEPA 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 SEPA, to enter controlled waters. (1B) Without prejudice to the power of SEPA to carry out investigations under subsection (1A) above, the power conferred by subsection (1) above to carry out operations shall be exercisable only in a case where— (a) SEPA considers it necessary to carry out forthwith any operations falling within paragraph (a) or (b) of subsection (1) above; or (b) it appears to SEPA, after reasonable inquiry, that no person can be found on whom to serve a works notice under section 46A of this Act.

;

• (c) in subsection (2) after the words “any operations” there shall be inserted the words “ or investigations ”;

• (d) in subsection (3)(b)—

• (i) after the words “any operations” there shall be inserted the words “ or investigations ”; and

• (ii) after the words “an abandoned mine” there shall be inserted the words “ or an abandoned part of a mine ”; and

• (e) after subsection (3) there shall be inserted—

(3A) Subsection (3)(b) of this section shall not apply to the owner or former operator of any mine or part of a mine if the mine or part in question became abandoned after 31st December 1999. (3B) Subsections (5) and (6) of section 30J above shall apply in relation to subsections (3) and (3A) above as they apply in relation to subsections (3) and (4) of that section.

.

• (22) After section 46 there shall be inserted the following sections—

(46A) (1) Subject to the following provisions of this section, where it appears to SEPA that any poisonous, noxious or polluting matter or any solid waste matter is likely to enter, or to be or to have been present in, any controlled waters, SEPA shall be entitled to serve a works notice on any person who, as the case may be,— (a) caused or knowingly permitted the matter in question to be present at the place from which it is likely, in the opinion of SEPA, to enter any controlled waters; or (b) caused or knowingly permitted the matter in question to be present in any controlled waters. (2) For the purposes of this section, a “works notice” is a notice requiring the person on whom it is served to carry out such of the following operations as may be specified in the notice, that is to say— (a) in a case where the matter in question appears likely to enter any controlled waters, operations for the purpose of preventing it from doing so; or (b) in a case where the matter appears to be or to have been present in any controlled waters, operations for the purpose— (i) of removing or disposing of the matter; (ii) of remedying or mitigating any pollution caused by its presence in the waters; or (iii) so far as it is reasonably practicable to do so, of restoring the waters, including any flora and fauna dependent on the aquatic environment of the waters, to their state immediately before the matter became present in the waters. (3) A works notice— (a) must specify the periods within which the person on whom it is served is required to do each of the things specified in the notice; and (b) is without prejudice to the powers of SEPA by virtue of section 46(1B)(a) of this Act. (4) Before serving a works notice on any person, SEPA shall reasonably endeavour to consult that person concerning the operations which are to be specified in the notice. (5) The Secretary of State may by regulations make provision for or in connection with— (a) the form or content of works notices; (b) requirements for consultation, before the service of a works notice, with persons other than the person on whom that notice is to be served; (c) steps to be taken for the purposes of any consultation required under subsection (4) above or regulations made by virtue of paragraph (b) above; and (d) any other steps of a procedural nature which are to be taken in connection with, or in consequence of, the service of a works notice. (6) A works notice shall not be regarded as invalid, or as invalidly served, by reason only of any failure to comply with the requirements of subsection (4) above or of regulations made by virtue of paragraph (b) of subsection (5) above. (7) Nothing in subsection (1) above shall entitle SEPA to require the carrying out of any operations which would impede or prevent the making of any discharge in pursuance of a consent given by SEPA by virtue of section 34 of this Act. (8) No works notice shall be served on any person requiring him to carry out any operations in respect of water from an abandoned mine or an abandoned part of a mine which that person permitted to reach such a place as is mentioned in subsection (1)(a) above or to enter any controlled waters. (9) Subsection (8) above shall not apply to the owner or former operator of any mine or part of a mine if the mine or part in question became abandoned after 31st December 1999. (10) Subsections (5) and (6) of section 30J of this Act shall apply in relation to subsections (8) and (9) above as they apply in relation to subsections (3) and (4) of that section. (11) Where SEPA— (a) carries out any such investigations as are mentioned in section 46(1A) of this Act, and (b) serves a works notice on a person in connection with the matter to which the investigations relate, it shall (unless the notice is quashed or withdrawn) be entitled to recover the costs or expenses reasonably incurred in carrying out those investigations from that person. (12) The Secretary of State may, if he thinks fit in relation to any person, give directions to SEPA as to whether or how it should exercise its powers under this section. (46B) (1) A works notice may require a person to carry out operations in relation to any land or waters notwithstanding that he is not entitled to carry out those operations. (2) Any person whose consent is required before any operations required by a works notice may be carried out shall grant, or join in granting, such rights in relation to any land or waters as will enable the person on whom the works notice is served to comply with any requirements imposed by the works notice. (3) Before serving a works notice, SEPA shall reasonably endeavour to consult every person who appears to it— (a) to be the owner or occupier of any relevant land, and (b) to be a person who might be required by subsection (2) above to grant, or join in granting, any rights, concerning the rights which that person may be so required to grant. (4) A works notice shall not be regarded as invalid, or as invalidly served, by reason only of any failure to comply with the requirements of subsection (3) above. (5) A person who grants, or joins in granting, any rights pursuant to subsection (2) above shall be entitled, on making an application within such period as may be prescribed and in such manner as may be prescribed to such person as may be prescribed, to be paid by the person on whom the works notice in question is served compensation of such amount as may be determined in such manner as may be prescribed. (6) Without prejudice to the generality of the regulations that may be made by virtue of subsection (5) above, regulations by virtue of that subsection may make such provision in relation to compensation under this section as may be made by regulations by virtue of subsection (4) of section 35A of the Environmental Protection Act 1990 in relation to compensation under that section. (7) In this section— - “relevant land” means— 1. any land or waters in relation to which the works notice in question requires, or may require, operations to be carried out; or 2. any land adjoining or adjacent to that land or those waters; - “works notice” means a works notice under section 46A of this Act. (46C) (1) A person on whom a works notice is served may, within the period of twenty-one days beginning with the day on which the notice is served, appeal against the notice to the Secretary of State. (2) On any appeal under this section the Secretary of State— (a) shall quash the notice, if he is satisfied that there is a material defect in the notice; but (b) subject to that, may confirm the notice, with or without modification, or quash it. (3) The Secretary of State may by regulations make provision with respect to— (a) the grounds on which appeals under this section may be made; or (b) the procedure on any such appeal. (4) Regulations under subsection (3) above may (among other things)— (a) include provisions comparable to those in section 290 of the Public Health Act 1936 (appeals against notices requiring the execution of works); (b) prescribe the cases in which a works notice is, or is not, to be suspended until the appeal is decided, or until some other stage in the proceedings; (c) prescribe the cases in which the decision on an appeal may in some respects be less favourable to the appellant than the works notice against which he is appealing; (d) prescribe the cases in which the appellant may claim that a works notice should have been served on some other person and prescribe the procedure to be followed in those cases; (e) make provision as respects— (i) the particulars to be included in the notice of appeal; (ii) the persons on whom notice of appeal is to be served and the particulars, if any, which are to accompany the notice; or (iii) the abandonment of an appeal. (5) In this section “works notice” means a works notice under section 46A of this Act. (6) This section is subject to section 114 of the Environment Act 1995 (delegation or reference of appeals). (46D) (1) If a person on whom SEPA serves a works notice fails to comply with any of the requirements of the notice, he shall be guilty of an offence. (2) A person who commits an offence under subsection (1) above shall be liable— (a) on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding £20,000 or to both; (b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both. (3) If a person on whom a works notice has been served fails to comply with any of the requirements of the notice, SEPA may do what that person was required to do and may recover from him any costs or expenses reasonably incurred by SEPA in doing it. (4) If SEPA is of the opinion that proceedings for an offence under subsection (1) above would afford an ineffectual remedy against a person who has failed to comply with the requirements of a works notice, SEPA may take proceedings in any court of competent jurisdiction for the purpose of securing compliance with the notice. (5) In this section “works notice” means a works notice under section 46A of this Act.

.

• (23) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (24) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (25) In section 49 (deposit and vegetation in rivers etc) at the end there shall be added—

(5) This section is subject to section 114 of the Environment Act 1995 (delegation or reference of appeals).

• (26) After that section there shall be inserted—

(49A) (1) If SEPA is of the opinion that the holder of a relevant consent is contravening any condition of the consent, or is likely to contravene any such condition, it may serve on him a notice (an “enforcement notice”). (2) An enforcement notice shall— (a) state that SEPA is of the said opinion; (b) specify the matters constituting the contravention or the matters making it likely that the contravention will arise; (c) specify the steps that must be taken to remedy the contravention or, as the case may be, to remedy the matters making it likely that the contravention will arise; and (d) specify the period within which those steps must be taken. (3) Any person who fails to comply with any requirement imposed by an enforcement notice shall be guilty of an offence and liable— (a) on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding £20,000 or to both; (b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both. (4) If SEPA is of the opinion that proceedings for an offence under subsection (3) above would afford an ineffectual remedy against a person who has failed to comply with the requirements of an enforcement notice, SEPA may take proceedings in any court of competent jurisdiction for the purpose of securing compliance with the notice. (5) The Secretary of State may, if he thinks fit in relation to any person, give to SEPA directions as to whether it should exercise its powers under this section and as to the steps which must be taken. (6) In this section— - “relevant consent” means a consent for the purposes of section 30J(7)(a), 34 or 49(1) of this Act; and - “the holder”, in relation to a relevant consent, is the person who has the consent in question. (49B) (1) A person upon whom an enforcement notice has been served under section 49A of this Act may appeal to the Secretary of State. (2) This section is subject to section 114 of the Environment Act 1995 (delegation or reference of appeals etc.). (3) An appeal under this section shall, if and to the extent a requirement to do so is prescribed, be advertised in the manner prescribed. (4) If either party to the appeal so requests or the Secretary of State so decides, an appeal shall be or continue in the form of a hearing (which may, if the person hearing the appeal so decides, be held, or held to any extent, in private). (5) On the determination of an appeal under this section, the Secretary of State may either quash or affirm the enforcement notice and, if he affirms it, may do so either in its original form or with such modifications as he may in the circumstances think fit. (6) The bringing of an appeal under this section shall not have the effect of suspending the operation of the notice appealed against. (7) The period within which and the manner in which appeals under this section are to be brought and the manner in which they are to be considered shall be as prescribed.

• (27) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (28) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (29) In section 56(1) (interpretation of Part II), the following definition shall be inserted in the appropriate place in alphabetical order—

• “operations” includes works;

.

• (30) 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 ”.

• (31) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (32) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (33) In section 98 (interpretation of Part V), for paragraph (b) of the definition of “relevant authority” there shall be substituted —

(b) in Scotland— (i) as respects sections 91 and 92, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; and (ii) as respects this Part other than those sections, the Secretary of State, SEPA or a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

.

• (34) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (35) 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

30

• (1) 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.

• (2) 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).

• (3) Neither the Agency nor SEPA shall have power to appoint inspectors under section 19 of the 1974 Act.

• (4) 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.

• (5) 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—

• (a) any reference in that section to the Commission shall be construed as a reference to the appropriate new Agency;

• (b) any reference to an enforcing authority shall be disregarded; and

• (c) in subsection (3) of that section, the words from “and also” onwards shall be disregarded.

• (6) In section 28 (restrictions on disclosure of information)—

• (a) in paragraph (a) of subsection (3) (exception for disclosure of information to certain bodies) after the words “the Executive,” there shall be inserted the words “ the Environment Agency, the Scottish Environment Protection Agency, ”;

• (b) in paragraph (c)(ii) of that subsection (exception for disclosure to officers of certain bodies) as it applies to England and Wales—

• (i) the words “of the National Rivers Authority or”, and

• (ii) the word “Authority,” (where next occurring),

shall be omitted;

• (c) for paragraph (c)(ii) of that subsection as it applies to Scotland there shall be substituted—

(ii) an officer of a water undertaker, sewerage undertaker, sewerage authority or water authority who is authorised by that authority to receive it;

;

• (d) paragraph (c)(iii) of that subsection (exception for disclosure to officers of river purification boards) shall cease to have effect;

• (e) in subsection (4) (references to certain bodies to include references to officers or inspectors), after the words “the Executive” (in the first place where they occur) there shall be inserted the words “ the Environment Agency, the Scottish Environment Protection Agency, ”;

• (f) in subsection (5) (information disclosed in pursuance of subsection (3) not to be used by recipient except for specified purposes)—

• (i) in paragraph (a) (use for a purpose of the Executive etc) after the words “of the Executive or” there shall be inserted the words “ of the Environment Agency or of the Scottish Environment Protection Agency or ”;

• (ii) in paragraph (b) as it applies to England and Wales (use for the purposes of certain bodies of information given to officers of those bodies), the words “the National Rivers Authority” shall be omitted;

• (iii) in the said paragraph (b) as it applies to Scotland, for the words from the beginning to “in connection” there shall be substituted the words “ in the case of information given to an officer of a body which is a local authority, a water undertaker, a sewerage undertaker, a sewerage authority or a water authority the purposes of the body in connection ”.

• (7) 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 ”.

• (8) In this paragraph—

• “the appropriate new Agency” means—in relation to England and Wales, the Agency; andin relation to Scotland, SEPA;

• “relevant capacity”, in relation to the appropriate new Agency, means its capacity as the enforcing authority, for the purposes of Part I of the 1974 Act, which is responsible in relation to England and Wales or, as the case may be, Scotland for the enforcement of the relevant enactments;

• “the relevant enactments” means the Alkali, &c, Works Regulation Act 1906 and section 5 of the 1974 Act;

• “the relevant statutory provisions” has the same meaning as in Part I of the 1974 Act.

The House of Commons Disqualification Act 1975 and the Northern Ireland Assembly Disqualification Act 1975

31

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—

• (a) “The Environment Agency.”;

• (b) “The Scottish Environment Protection Agency.”;

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 Local Government (Scotland) Act 1975

32

• (1) The Local Government (Scotland) Act 1975 shall be amended in accordance with the following provisions.

• (2) In section 16 (borrowing and lending by local authorities and certain other bodies)—

• (a) after the words “local authorities” there shall be inserted the word “ and ”;

• (b) the words “and river purification boards” shall cease to have effect.

• (3) In Schedule 3 (further provision relating to borrowing and lending by local authorities and certain other bodies) in paragraph 28—

• (a) in sub-paragraph (1)—

• (i) after the word “money” there shall be inserted the word “ and ”;

• (ii) the words “or a river purification board,” shall cease to have effect;

• (b) in sub-paragraph (2) for sub-paragraph (a) there shall be substituted—

(a) a joint board; and

.

The Local Government (Miscellaneous Provisions) Act 1976

33

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—

(1B) Section 16 of this Act shall have effect as if the Environment Agency were a local authority.

.

The Water (Scotland) Act 1980

34

• (1) The Water (Scotland) Act 1980 shall be amended in accordance with the following provisions of this paragraph.

• (2) In section 31(1) (consultation where limits of water supply adjoin any part of England) for paragraph (b) there shall be substituted—

(b) the Scottish Environment Protection Agency.

• (3) In section 33(3)(a) (notice of temporary discharge of water into watercourses)—

• (a) sub-paragraph (ii) and the preceding “and” shall cease to have effect ; and

• (b) at the end of the paragraph there shall be inserted—

and (ii) to the Scottish Environment Protection Agency.

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

• (5) In Schedule 1—

• (a) in paragraph 2(ii) for the words following “section 17(2)” to the end there shall be substituted the words “ on the Scottish Environment Protection Agency ”;

• (b) in paragraph 11(ii) the words “and any river purification authority” shall cease to have effect and at the end there shall be added the words “ and on the Scottish Environment Protection Agency ”;

• (c) in paragraph 19 for the words following “any fishery district” to the words “any public undertakers” there shall be substituted the words “ any navigation authority exercising jurisdiction in relation to any watercourse from which water is proposed to be taken under the rights to be acquired, the Scottish Environment Protection Agency and any public undertakers ”.

The Criminal Justice (Scotland) Act 1980

35

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

The Road Traffic Regulation Act 1984

36

• (1) 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 added

or (g) for any of the purposes specified in paragraphs (a) to (c) of subsection (1) of section 87 of the Environment Act 1995 (air quality).

• (2) 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) ”.

• (3) 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—

(bb) the strategy prepared under section 80 of the Environment Act 1995 (national air quality strategy);

.

The Control of Pollution (Amendment) Act 1989

37

• (1) The Control of Pollution (Amendment) Act 1989 shall be amended in accordance with the following provisions of this paragraph.

• (2) In section 2 (registration of carriers)—

• (a) in subsection (3), without prejudice to the power of regulation authorities to impose a charge in respect of their consideration of any such application, paragraph (e) (power to require them to impose such charges) shall cease to have effect; and

• (b) after that subsection there shall be added—

(3A) Without prejudice to the generality of paragraphs (b) and (d) of subsection (3) above— (a) the power to prescribe a form under paragraph (b) of that subsection includes power to require an application to be made on any form of any description supplied for the purpose by the regulation authority to which the application is to be made; and (b) the power to impose requirements with respect to information under paragraph (d) of that subsection includes power to make provision requiring an application to be accompanied by such information as may reasonably be required by the regulation authority to which it is to be made.

• (3) In section 4 (appeals to the Secretary of State against refusal of registration etc) after subsection (8) there shall be added—

(9) This section is subject to section 114 of the Environment Act 1995 (delegation or reference of appeals etc).

• (4) In section 6 (seizure and disposal of vehicles used for illegal waste disposal) for subsection (6) there shall be substituted—

(6) Regulations under this section shall not authorise a regulation authority to sell or destroy any property or to deposit any property at any place unless— (a) the following conditions are satisfied, that is to say— (i) the authority have published such notice, and taken such other steps (if any), as may be prescribed for informing persons who may be entitled to the property that it has been seized and is available to be claimed; and (ii) the prescribed period has expired without any obligation arising under the regulations for the regulation authority to return the property to any person; or (b) the condition of the property requires it to be disposed of without delay.

• (5) 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 ”.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (8) In section 9, for the definition of “regulation authority” there shall be substituted—

“regulation authority” means— (a) in relation to England and Wales, the Environment Agency; and (b) in relation to Scotland, the Scottish Environment Protection Agency; 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;

.

The Electricity Act 1989

38

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

39

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

40

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 ”.

41

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 ”.

The Town and Country Planning Act 1990

42

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

43

In Schedule 5 to the Town and Country Planning Act 1990 (conditions relating to mineral working) in paragraph 4 (consultations) after sub-paragraph (4) there shall be inserted—

(4A) 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— (a) he is not required to inspect any land or to express a view on any matter or question; and (b) he is not precluded from responding in general terms or otherwise in terms which are not specific to the land in question.

.

44

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, ”.

The Environmental Protection Act 1990

45

• (1) Section 1 of the Environmental Protection Act 1990 (interpretation of Part I) shall be amended in accordance with the following provisions of this paragraph.

• (2) 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 ”.

• (3) For subsection (8) (definition of “enforcing authority” in relation to Scotland) there shall be substituted—

(8) In relation to Scotland, references to the “enforcing authority” and a “local enforcing authority” are references to the Scottish Environment Protection Agency (in this Part referred to as “SEPA”).

• (4) After subsection (13) there shall be added—

(14) In this Part “the appropriate Agency” means— (a) in relation to England and Wales, the Environment Agency; and (b) in relation to Scotland, SEPA.

46

• (1) 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.

• (2) 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 ”.

• (3) In subsection (3) (discharge of functions designated for local control) for paragraphs (a) and (b) there shall be substituted—

(a) in the case of a prescribed process carried on (or to be carried on) by means of a mobile plant, where the person carrying on the process has his principal place of business— (i) in England and Wales, the local authority in whose area that place of business is; (ii) in Scotland, SEPA; (b) in any other cases, where the prescribed processes are (or are to be) carried on— (i) in England and Wales, the local authority in whose area they are (or are to be) carried on; (ii) in Scotland, SEPA;

.

• (4) 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 ”.

• (5) After that subsection there shall be inserted—

(4A) In England and Wales, a local authority, in exercising the functions conferred or imposed on it under this Part by virtue of subsection (3) above, shall have regard to the strategy for the time being published pursuant to section 80 of the Environment Act 1995.

• (6) In subsection (5) (effect of such a transfer)—

• (a) for the words “the chief inspector” there shall be substituted the words “ the Environment Agency ”; and

• (b) for the word “him” there shall be substituted the words “ that Agency ”.

• (7) In subsection (8) (giving or withdrawal of directions)—

• (a) for the words “the chief inspector” in each place where they occur there shall be substituted the words “ the Environment Agency ”; and

• (b) the words “or, as the case may be, in the Edinburgh Gazette”, in each place where they occur, shall be omitted.

• (8) After subsection (8) there shall be inserted—

(8A) The requirements of sub-paragraph (ii) of paragraph (a) or, as the case may be, of paragraph (b) of subsection (8) above shall not apply in any case where, in the opinion of the Secretary of State, the publication of notice in accordance with that sub-paragraph would be contrary to the interests of national security. (8B) Subsections (4) to (8A) above shall not apply to Scotland.

• (9) 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—

(9) It shall be the duty of local authorities to follow such developments in technology and techniques for preventing or reducing pollution of the environment due to releases of substances from prescribed processes as concern releases into the air of substances from prescribed processes designated for local control.

• (10) 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 ”.

• (11) In subsection (11) (meaning of “local authority”)—

• (a) at the beginning of paragraph (b) there shall be inserted the words “ in England and Wales, ” and

• (b) paragraph (c) and the word “and” immediately preceding it shall cease to have effect.

47

Section 5 of that Act (further provision for Scotland as to discharge and scope of functions) shall cease to have effect.

48

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—

(a) in a case where, by virtue of section 41 of the Environment Act 1995, a charge prescribed by a charging scheme under that section is required to be paid to the appropriate Agency in respect of the application, the charge so prescribed; or (b) in any other case,

.

49

• (1) 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.

• (2) At the end of subsection (12) of that section (definition of “relevant enactments” for the purposes of subsection (2)) there shall be added

; and (g) section 87 of the Environment Act 1995.

.

50

• (1) Section 8 of that Act (fees and charges for authorisations) shall be amended in accordance with the following provisions of this paragraph.

• (2) 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 ”.

• (3) Subsection (4) (separate schemes for different descriptions of enforcing authority) shall cease to have effect.

• (4) In subsection (7) (meaning of “relevant expenditure attributable to authorisations”)—

• (a) for the words “enforcing authorities” there shall be substituted the words “ local enforcing authorities ”; and

• (b) the words from “together with the expenditure incurred by the National Rivers Authority” onwards shall be omitted.

• (5) 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 ”.

• (6) Subsection (9) (payments by the Secretary of State to the National Rivers Authority) shall cease to have effect.

• (7) For subsections (10) and (11) (special provision as respects Scotland) there shall be substituted—

(10) The foregoing provisions of this section shall not apply to Scotland.

51

• (1) Section 10 of that Act (variation of authorisations by enforcing authority) shall be amended in accordance with the following provisions of this paragraph.

• (2) 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 ”.

• (3) After that subsection there shall be inserted—

(3A) An enforcing authority which has served a variation notice may vary that notice by serving on the holder of the authorisation in question a further notice— (a) specifying the variations which the enforcing authority has decided to make to the variation notice; and (b) specifying the date or dates on which the variations specified in the variation notice, as varied by the further notice, are to take effect; and any reference in this Part to a variation notice, or to a variation notice served under subsection (2) above, includes a reference to such a notice as varied by a further notice served under this subsection.

• (4) 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—

(b) require the holder to pay, within such period as may be specified in the notice,— (i) in a case where the enforcing authority is the Environment Agency or SEPA, the charge (if any) prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995; or (ii) in any other case, the fee (if any) prescribed by a scheme under section 8 above.

• (5) 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 words

and (b) in relation to a variation notice, means adding to, or varying or rescinding the notice or any of its contents;

.

52

In section 11 of that Act (application by holders of authorisations for variation of conditions etc) for subsection (9) (fees) there shall be substituted—

(9) Any application to the enforcing authority under this section shall be accompanied— (a) in a case where the enforcing authority is the Environment Agency or SEPA, by the charge (if any) prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995; or (b) in any other case, by the fee (if any) prescribed by a scheme under section 8 above.

53

At the end of section 13 of that Act (enforcement notices) there shall be added—

(4) The enforcing authority may, as respects any enforcement notice it has issued to any person, by notice in writing served on that person, withdraw the notice.

54

• (1) Section 15 of that Act (appeals against certain authorisations and notices) shall be amended in accordance with the following provisions of this paragraph.

• (2) 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). ”

• (3) 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—

(3) This section is subject to section 114 of the Environment Act 1995 (delegation or reference of appeals etc).

• (4) For subsection (5) (hearings) there shall be substituted—

(5) Before determining an appeal under this section, the Secretary of State may, if he thinks fit— (a) cause the appeal to take or continue in the form of a hearing (which may, if the person hearing the appeal so decides, be held, or held to any extent, in private); or (b) cause a local inquiry to be held; and the Secretary of State shall act as mentioned in paragraph (a) or (b) above if a request is made by either party to the appeal to be heard with respect to the appeal.

• (5) 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. ”

55

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.

56

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)—

• (a) for paragraphs (c) and (d) (the chief inspector and river purification authorities) there shall be substituted—

(c) the Environment Agency, and (d) SEPA,

; and

• (b) after the words “service of the notice” there shall be inserted the words “ , or at such time, ”.

57

• (1) Section 20 of that Act (public registers of information) shall be amended in accordance with the following provisions of this paragraph.

• (2) 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 ”.