Environment Act 1995

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176

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177

• (1) Section 221(1) of that Act (general interpretation) shall be amended in accordance with the following provisions of this paragraph.

• (2) Before the definition of “abstraction” there shall be inserted—

“the 1995 Act” means the Environment Act 1995;

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• (3) After the definition of “accessories” there shall be inserted—

“the Agency” means the Environment Agency;

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• (4) The definition of “the Authority” shall be omitted.

• (5) The definition of “constituent council” shall be omitted.

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

• (7) For the definition of “flood defence functions” there shall be substituted—

“flood defence functions”, in relation to the Agency, means— (a) its functions with respect to flood defence and land drainage by virtue of Part IV of this Act, the Land Drainage Act 1991 and section 6 of the 1995 Act; (b) those functions transferred to the Agency by section 2(1)(a)(iii) of the 1995 Act which were previously transferred to the Authority by virtue of section 136(8) of the Water Act 1989 and paragraph 1(3) of Schedule 15 to that Act (transfer of land drainage functions under local statutory provisions and subordinate legislation); and (c) any other functions of the Agency under any of the flood defence provisions of this Act;

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• (8) For the definition of “flood defence provisions” there shall be substituted—

“flood defence provisions”, in relation to this Act, means— (a) any of the following provisions of this Act, that is to say— (i) Part IV; (ii) sections 133 to 141 (including Schedule 15), 143, 147 to 149, 155, 165 to 167, 180, 193, 194 and paragraph 5 of Schedule 25; (b) any of the following provisions of the 1995 Act, that is to say— (i) section 6(4) (general supervision of flood defence); (ii) section 53 (inquiries and other hearings); and (iii) Schedule 5 (membership and proceedings of regional and local flood defence committees); and (c) any other provision of this Act or the 1995 Act so far as it relates to a provision falling within paragraph (a) or (b) above;

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• (9) For the definition of “the related water resources provisions” there shall be substituted—

“the related water resources provisions”, in relation to Chapter II of Part II of this Act, means— (a) the following provisions of this Act, that is to say, the provisions— (i) of sections 21 to 23 (including Schedule 5); (ii) of sections 120, 125 to 130, 158, 189, 199 to 201, 206(3), 209(3), 211(1) and 216; and (iii) of paragraph 1 of Schedule 25; and (b) the following provisions of the 1995 Act, that is to say, the provisions— (i) of sections 41 and 42 (charging schemes) as they have effect by virtue of subsection (1)(a) of section 41 (licences under Chapter II of Part II of this Act); and (ii) of subsections (1) and (2) of section 53 (inquiries and other hearings);

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• (10) In the definition of “water pollution provisions”—

• (a) in paragraph (b)—

• (i) after the words “161” there shall be inserted the words “to 161D”; and

• (ii) for the words “203 and 213(2) above” there shall be substituted the words “and 203”; and

• (b) after paragraph (c), there shall be added the words— “ and the following provisions of the 1995 Act, that is to say, the provisions of subsections (1) and (2) of section 53. ”

178

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179

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180

In Schedule 5 to that Act (procedure relating to statements on minimum acceptable flow) in paragraph 2(3)(g) (copy of notice to be served on person authorised by a licence under Part I of the Electricity Act 1989 to generate electricity) after the words “to generate electricity” there shall be added the words “who has a right to abstract water from any such waters or related inland waters”.

181

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182

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183

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184

In Schedule 11 to that Act (water protection zone orders) in paragraph 4 (which is expressed to be without prejudice to section 213 of that Act) for the words “section 213 of this Act” there shall be substituted the words “section 53 of the 1995 Act (inquiries and other hearings)”.

185

In Schedule 12 to that Act (nitrate sensitive area orders) in paragraph 6 (which is expressed to be without prejudice to section 213 of that Act) for the words “section 213 of this Act” there shall be substituted the words “section 53 of the 1995 Act (inquiries and other hearings)”.

186

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187

• (1) In Schedule 15 to that Act (supplemental provisions with respect to drainage charges) in paragraphs 4(3) and 9(4) (which specify the penalty for certain offences of failing, and after conviction continuing, without reasonable excuse, to comply with notices) after the words “he continues without reasonable excuse” there shall be inserted the words “to fail”.

• (2) In paragraph 12(2) of that Schedule (which is expressed to be without prejudice to powers by virtue of section 4 or paragraph 5 of Schedule 1) for the words “section 4 of this Act and paragraph 5 of Schedule 1 to this Act” there shall be substituted the words “section 37 of, and paragraph 6 of Schedule 1 to, the 1995 Act”.

188

In Schedule 20 to that Act (supplemental provisions with respect to powers of entry) in paragraph 7 (which creates an offence of obstruction, punishable on summary conviction by a fine not exceeding level 3) for the words from “liable, on summary conviction,” onwards there shall be substituted the words

liable— (a) on summary conviction, to a fine not exceeding the statutory maximum; (b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.

189

In Schedule 22 to that Act (protection for particular undertakings) in paragraph 5 (protection for telecommunication systems) for the words “section 4(1) of this Act)” there shall be substituted the words “section 37 of the 1995 Act)”.

190

In Schedule 25 to that Act (byelaw-making powers) in paragraph 1(1), for the words “paragraphs (a), (c) and (d) of section 2(1) of this Act” there shall be substituted the words “sub-paragraphs (i), (iii) and (v) of section 2(1)(a) of the 1995 Act”.

The Land Drainage Act 1991

191

In the Land Drainage Act 1991, for the words “NRA”, wherever occurring, there shall be substituted the word “ Agency ”.

192

• (1) In section 23 of that Act (prohibition on obstructions etc in watercourses) in subsection (2) (which confers power to charge an application fee of £50 or such other sum as may be specified by order made by the Ministers) for the words “specified by order made by the Ministers” there shall be substituted the word “prescribed”.

• (2) After subsection (7) of that section there shall be inserted—

(7A) In subsection (2) above “prescribed” means specified in, or determined in accordance with, an order made by the Ministers; and any such order may make different provision for different cases, including different provision in relation to different persons, circumstances or localities.

193

At the beginning of Part V of that Act (miscellaneous and supplemental provisions) there shall be inserted—

(61F) (1) Any internal drainage board or local authority may, with the consent of the Agency, operate any drainage works under the control of the board or authority so as to manage the level of water in a watercourse for the purpose of facilitating spray irrigation. (2) Subsection (1) above is without prejudice to— (a) the powers of an internal drainage board or local authority in relation to drainage; or (b) any requirement— (i) for any other consent of the Agency or any other person; or (ii) for any licence, approval, authorisation or other permission or registration.

194

• (1) In section 72 of that Act, in subsection (1) (general definitions) there shall be inserted at the appropriate place—

“the Agency” means the Environment Agency;

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• (2) In that subsection, the definition of “the NRA” shall be omitted.

The Clean Air Act 1993

195

In section 2 of the Clean Air Act 1993 (emission of dark smoke from industrial or trade premises) in subsection (5) (which creates a summary offence punishable with a fine not exceeding level 5 on the standard scale) for the words “level 5 on the standard scale” there shall be substituted the words “£20,000”.

196

• (1) Section 19 of that Act (power to require creation of smoke control areas by local authorities) as it applies to Scotland shall be amended in accordance with the following provisions of this paragraph.

• (2) In subsection (1)—

• (a) for the words “Secretary of State” there shall be substituted the words “Scottish Environment Protection Agency (in this section referred to as “the Agency”)”; and

• (b) for the words “he”, “him” and “his” there shall be substituted respectively “the Agency”, “it” and “its”.

• (3) In subsections (2), (3), (4)(a) and (6), for the words “Secretary of State” there shall be substituted the words “Agency”.

• (4) In subsection (3), for the word “him” there shall be substituted the word “it”.

• (5) In subsection (4), before the words “the Secretary of State” in the second place where they occur there shall be inserted the words “the Agency, with the consent of”.

197

In section 59 of that Act (local inquiries) in subsection (1)—

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

• (b) for the words “such an inquiry” there shall be substituted the words “an inquiry”;

and for the side-note to that section there shall accordingly be substituted “Inquiries.”.

198

In section 60(7)(b) of that Act as it applies to Scotland for the words “the Secretary of State” and “Secretary of State’s” there shall be substituted the words “SEPA” and “SEPA’s” respectively.

199

In section 63(1)(c) of that Act as it applies to Scotland for the words “sections 19(4) and” there shall be substituted the words “section”.

The Radioactive Substances Act 1993

200

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201

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202

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203

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204

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205

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206

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207

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208

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209

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210

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211

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212

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213

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214

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215

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216

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217

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218

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219

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220

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221

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222

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223

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224

In section 40 of that Act (radioactivity to be disregarded for purposes of certain statutory provisions) in subsection (2)(b)(ii), after the words “imposed by the statutory provision on” there shall be inserted the words “the Environment Agency or SEPA or on”.

225

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226

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227

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228

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229

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230

• (1) In Schedule 3 to that Act (enactments, other than local enactments, to which s.40 applies) in paragraph 9 (which specifies certain provisions in the Water Resources Act 1991) for the words “203 and 213” there shall be substituted the words “and 203”.

• (2) For paragraph 16 of that Schedule there shall be substituted—

(16) Sections 30A, 30B, 30D, 30F, 30G, 30H(1), 31(4), (5), (8) and (9), 31A, 34 to 42B, 46 to 46D and 56(1) to (3) of the Control of Pollution Act 1974.

The Local Government (Wales) Act 1994

231

In Schedule 9 to the Local Government (Wales) Act 1994 (which makes provision for the transfer to the new principal councils in Wales of functions in relation to public health and related matters), in paragraph 17(2) (which amends the definitions of waste regulation and disposal authorities for the purposes of Part II of the Environmental Protection Act 1990) for the words “each of subsections (1)(f) and (2)(f)” there shall be substituted the words “subsection (2)(f)”.

The Local Government etc. (Scotland) Act 1994

232

• (1) In section 2(2) of the Local Government etc. (Scotland) Act 1994 (constitution of councils) after the words “this Act” there shall be inserted the words “and of the Environment Act 1995”.

• (2) In Schedule 13 to that Act (minor and consequential amendments) in paragraph 75(27) (which amends certain provisions of the Sewerage (Scotland) Act 1968) for the words from the beginning to “premises)” there shall be substituted the words “In section 53 (notices to be in writing)”.

Subordinate legislation and local statutory provisions

233

• (1) In any subordinate legislation or local statutory provisions, for any reference (however framed) to the National Rivers Authority, and for any reference which falls to be construed as such a reference, there shall be substituted a reference to the Agency.

• (2) In any subordinate legislation, for any reference (however framed) to a relevant inspector, and for any reference which falls to be construed as such a reference, there shall be substituted a reference to the appropriate Agency.

• (3) The provisions of this paragraph are subject to the other provisions of this Act and to any provision made under or by virtue of this Act.

• (4) In this paragraph—

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

• “local statutory provision” means—a provision of a local Act (including an Act confirming a provisional order);a provision of so much of any public general Act as has effect with respect to particular persons or works or with respect to particular provisions falling within any paragraph of this definition;a provision of an instrument made under any provision falling within paragraph (a) or (b) above;a provision of any other instrument which is in the nature of a local enactment;

• “relevant inspector” means—the chief inspector for England and Wales constituted under section 16(3) of the Environmental Protection Act 1990;the chief inspector for Scotland constituted under section 16(3) of that Act;the chief inspector for England and Wales appointed under section 4(2)(a) of the Radioactive Substances Act 1993;the chief inspector for Scotland appointed under section 4(2)(b) of that Act;the chief, or any other, inspector, within the meaning of the Alkali, &c, Works Regulation Act 1906;an inspector appointed under section 19 of the Health and Safety at Work etc. Act 1974 by the Secretary of State in his capacity as the enforcing authority responsible for the enforcement of the Alkali, &c, Works Regulation Act 1906 or section 5 of the said Act of 1974;

• “subordinate legislation” has the same meaning as in the Interpretation Act 1978.

SCHEDULE 23

Part I — General transitional provisions and savings

Interpretation of Part I

1

In this Part of this Schedule, the “transfer date” has the same meaning as in Part I of this Act.

Directions

2

Any directions given to the National Rivers Authority for the purposes of section 19 of the Water Resources Act 1991 shall have effect on and after the transfer date as directions given to the Agency for the purposes of section 6(2) of this Act.

Regional and local fisheries advisory committees

3

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Charging schemes

4

• (1) Without prejudice to section 55 of this Act, any charging scheme—

• (a) which relates to any transferred functions,

• (b) which was made before the transfer date, and

• (c) which is in force immediately before that date or would (apart from this Act) have come into force at any time after that date,

shall, subject to the provisions of section 41 of this Act, have effect on and after the transfer date, with any necessary modifications, and for the remainder of the period for which the charging scheme would have been in force apart from any repeal made by this Act, as a scheme made under that section by the transferee in accordance with section 42 of this Act.

• (2) Any costs or expenses incurred before the transfer date by any person in carrying out functions transferred to a new Agency by or under this Act may be treated for the purposes of subsections (3) and (4) of section 42 of this Act as costs or expenses incurred by that new Agency in carrying out those functions.

• (3) In this paragraph—

• “charging scheme” means a scheme specifying, or providing for the determination of, any fees or charges;

• “new Agency” means the Agency or SEPA;

• “transferred functions” means any functions which, by virtue of any provision made by or under this Act, become functions of a new Agency and “the transferee” means the new Agency whose functions they so become.

Preparation of reports

5

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Preparation of accounts

6

Notwithstanding the repeal by this Act of subsection (9) of section 135 of the Local Government (Scotland) Act 1973 (application to river purification board of certain provisions of that Act), the provisions applied to a river purification board by virtue of that section shall, as respects the period between the end of the last financial year in respect of which accounts have been made up by the board and the transfer date, continue to apply in relation to the board; but anything which shall or may be done or enjoyed, or any access, inspection or copying which shall or may be allowed, under or by virtue of any of those provisions or of section 118 of that Act (financial returns) by, or by an officer of, the board shall, or as the case may be may, after the transfer date, be done, enjoyed or allowed by, or by an officer of, SEPA in place of the board or of an officer of the board.

...

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The Alkali, &c., Works Regulation Act 1906

8

Any dispensation which was granted under the proviso to subsection (5) of section 9 of the Alkali, &c, Works Regulation Act 1906 before the transfer date and which would, apart from this Act, have been in force on that date shall have effect on and after that date notwithstanding the repeal of that proviso by this Act.

The Public Records Act 1958

9

• (1) Such of the administrative and departmental records (in whatever form or medium) of a transferor as are transferred to and vested in the Agency by or under section 3 of this Act shall be treated for the purposes of the Public Records Act 1958 as administrative or departmental records of the Agency.

• (2) In this paragraph, “transferor” means any body or person any or all of whose administrative and departmental records are transferred to and vested in the Agency by or under section 3 of this Act.

The Parliamentary Commissioner Act 1967

10

• (1) Nothing in this Act shall prevent the completion on or after the transfer date of any investigation begun before that date under the Parliamentary Commissioner Act 1967 in pursuance of a complaint made in relation to the National Rivers Authority.

• (2) Nothing in this Act shall prevent the making on or after the transfer date of a complaint under that Act in respect of any action which was taken by or on behalf of the National Rivers Authority before that date.

• (3) Notwithstanding the amendment of that Act by paragraph 11 of Schedule 22 to this Act, the provisions of that Act shall have effect on and after the transfer date in relation to any complaint to which sub-paragraph (1) or (2) above applies and to its investigation as they would have had effect before that date; but, in relation to any such complaint, the Agency shall on and after that date stand in the place of the National Rivers Authority for the purposes of this paragraph.

The Local Government Act 1974

11

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12

• (1) Nothing in this Act shall prevent the completion on or after the transfer date by a Local Commissioner of any investigation which he began to conduct before that date and which is an investigation under Part III of the Local Government Act 1974 in pursuance of a complaint made in relation to the National Rivers Authority.

• (2) Nothing in this Act shall prevent the making on or after the transfer date of a complaint under Part III of that Act in respect of any action which was taken by or on behalf of the National Rivers Authority before that date.

• (3) Notwithstanding the amendment of Part III of that Act by paragraph 18 of Schedule 22 to this Act, the provisions of that Part shall have effect on and after the transfer date in relation to any complaint to which sub-paragraph (1) or (2) above applies and to its investigation as they would have had effect before that date; but, in relation to any such complaint, the Agency shall on and after that date stand in the place of the National Rivers Authority for the purposes of this paragraph.

The Control of Pollution Act 1974

13

As respects England and Wales, any resolution passed in pursuance of section 11 of the Control of Pollution Act 1974 (special provision for land occupied by disposal authorities: resolutions etc) which is in force immediately before the day on which the repeals in that section made by this Act come into force shall have effect on and after that day as if it were a waste management licence granted by the Environment Agency under Part II of the Environmental Protection Act 1990 subject to the conditions specified in the resolution pursuant to subsection (3)(e) of that section.

The Salmon and Freshwater Fisheries Act 1975

14

• (1) Any approval or certificate given under or by virtue of section 8(2), 9(1) or 11(4) of the Salmon and Freshwater Fisheries Act 1975 by a Minister of the Crown before the transfer date shall, so far as is required for continuing its effect on and after that date, have effect as if given by the Agency.

• (2) Any application for the grant of an approval or certificate by a Minister of the Crown under or by virtue of any of the provisions specified in sub-paragraph (1) above which, at the transfer date, is in the process of being determined shall on and after that date be treated as having been made to the Agency.

• (3) Any notice given by a Minister of the Crown under section 11(2) of that Act before the transfer date shall, so far as is required for continuing its effect on and after that date, have effect as if given by the Agency.

• (4) Any extension of a period granted by a Minister of the Crown under section 11(3) of that Act before the transfer date shall, so far as is required for continuing its effect on and after that date, have effect as if granted by the Agency.

• (5) Without prejudice to section 16 or 17 of the Interpretation Act 1978, any exemption granted under subsection (1) or (2) of section of the Salmon and Freshwater Fisheries Act 1975 which is in force immediately before the substitution date shall have effect on and after that date as an exemption granted by the Agency under subsection (2) or, as the case may be, subsection (3) of section 14 of that Act as substituted by paragraph 13 of Schedule 15 to this Act.

• (6) Any grating constructed and placed in a manner and position approved under section 14(3) of that Act as it had effect before the substitution date (including a grating so constructed and placed at any time as a replacement for a grating so constructed and placed) shall, if—

• (a) the approval was in force immediately before the substitution date, and

• (b) the grating is maintained in accordance with the approval,

be taken for the purposes of section 14 of that Act, as substituted by paragraph 13 of Schedule 15 to this Act, to be a screen which complies with the requirements of subsection (2)(a) or (3)(a) of that section, according to the location of the grating, and with the requirements of subsections (4) to (6) of that section.

• (7) Any notice given, or objection made, under subsection (2) of section 18 of that Act before the transfer date shall, so far as is required for continuing its effect on and after that date, have effect as a notice given under that subsection as it has effect on and after that date.

• (8) In this paragraph—

• “approval” includes a provisional approval;

• “grating” means a device in respect of which there is in force, immediately before the substitution date, an approval given for the purposes of the definition of “grating” in section 41(1) of the Salmon and Freshwater Fisheries Act 1975 as it had effect before that date;

• “the substitution date” means the date on which paragraph 13 of Schedule 15 to this Act comes into force;

• “the transfer date” means the date which, by virtue of section 56(1) of this Act, is the transfer date for the purposes of Part I of this Act as it applies in relation to the Agency.

...

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The Environmental Protection Act 1990

16

• (1) Subject to sub-paragraph (2) below, if, at the transfer date, the content of the strategy required by section 44A of the Evironmental Protection Act 1990 has not been finally determined, any plan or modification under section 50 of that Act, in its application to England and Wales, whose content has been finally determined before that date shall continue in force until the contents of the strategy are finally determined, notwithstanding the repeal by this Act of that section.

• (2) If the strategy required by section 44A of that Act consists, or is to consist, of more than one statement, sub-paragraph (1) above shall apply as if—

• (a) references to the strategy were references to any such statement; and

• (b) references to a plan or modification under section 50 of that Act were references to such plans or modifications as relate to the area covered, or to be covered, by that statement.

17

If, at the transfer date, the content of the strategy required by section 44B of that Act has not been finally determined, any plan or modification under section 50 of that Act, in its application to Scotland, whose content has been finally determined before that date shall continue in force until the contents of the strategy are finally determined, notwithstanding the repeal by this Act of that section.

18

• (1) This paragraph applies to—

• (a) any resolution of a waste regulation authority under section 54 of that Act (special provision for land occupied by disposal authorities in Scotland);

• (b) any resolution of a waste disposal authority having effect by virtue of subsection (16) of that section as if it were a resolution of a waste regulation authority under that section,

which is in force on the transfer date.

• (2) A resolution to which this paragraph applies shall continue in force—

• (a) where no application is made under section 36(1) of that Act for a waste management licence in respect of the site or mobile plant covered by the resolution, until the end of the period of 6 months commencing with the transfer date;

• (b) where an application as mentioned in sub-paragraph (a) above is made, until—

• (i) the application is withdrawn;

• (ii) the application is rejected and no appeal against the rejection is timeously lodged under section 43 of that Act;

• (iii) any appeal against a rejection of the application is withdrawn or rejected; or

• (iv) the application is granted.

• (3) In relation to a resolution continued in force by sub-paragraph (2) above, the said section 54 shall have effect subject to the amendments set out in the following provisions of this paragraph.

• (4) In subsection (2), for paragraph (b) there shall be substituted—

(b) specified in a resolution passed by a waste regulation authority, or by a waste disposal authority under Part I of the Control of Pollution Act 1974, before the transfer date within the meaning of section 56(1) of the Environment Act 1995

.

• (5) In subsection (3) for paragraph (b) there shall be substituted—

(b) by another person, that it is on land which is the subject of a resolution, that it is with the consent of the waste disposal authority and that any conditions to which such consent is subject are within the terms of the resolution.

• (6) Subsections (4) to (7) shall cease to have effect.

• (7) For subsections (8) and (9) there shall be substituted—

(8) Subject to subsection (9) below, a resolution continued in force by paragraph 18 of Schedule 23 to the Environment Act 1995 may be varied or rescinded by SEPA by a resolution passed by it. (9) Before passing a resolution under subsection (8) above varying a resolution, SEPA shall— (a) prepare a statement of the variation which it proposes to make; (b) refer that statement to the Health and Safety Executive and to the waste disposal authority in whose area the site is situated or, as the case may be, which is operating the plant; and (c) consider any representations about the variation which the Health and Safety Executive or the waste disposal authority makes to it during the allowed period. (9A) The period allowed to the Health and Safety Executive and the waste disposal authority for the making of representations under subsection (9)(c) above is the period of 28 days beginning with that on which the statement is received by that body, or such longer period as SEPA and that body agree in writing. (9B) SEPA may— (a) postpone the reference under subsection (9)(b) above so far as it considers that by reason of an emergency it is appropriate to do so; (b) disregard the Health and Safety Executive in relation to a resolution which in SEPA’s opinion will not affect the Health and Safety Executive.

• (8) In subsection (10)—

• (a) for the words “the authority which passed the resolution” and “the waste regulation authority” there shall be substituted the words “SEPA”;

• (b) the words “the waste disposal authority to discontinue the activities and of” shall cease to have effect.

• (9) Subsections (11) to (15) shall cease to have effect.

The Water Industry Act 1991

19

• (1) Where, before the coming into force of the repeal by this Act of section 151 of the Water Industry Act 1991 (financial contributions to rural services), the Secretary of State has received an application from a relevant undertaker for a contribution under that section, he may, notwithstanding the coming into force of that repeal—

• (a) give any such undertaking for any contribution sought by that application as he could have given under that section prior to the coming into force of that repeal;

• (b) make any payments provided for in an undertaking given by virtue of this sub-paragraph.

• (2) Notwithstanding the coming into force of the repeal by this Act of that section—

• (a) the Secretary of State may make any payments provided for in an undertaking given by him under that section prior to the coming into force of that repeal;

• (b) subsection (4) of that section (withholding and reduction of contributions) shall—

• (i) continue to have effect in relation to contributions which the Secretary of State, before that repeal of that section, gave an undertaking under that section to make; and

• (ii) have effect in relation to contributions which the Secretary of State has, by virtue of sub-paragraph (1) above, undertaken to make.

The Water Resources Act 1991

20

Notwithstanding any provision restricting the power of the Agency to grant a licence under Chapter II of Part II of the Water Resources Act 1991 (abstracting or impounding of water), or the power of the Secretary of State to direct the Agency to grant such a licence, the Agency may grant, and the Secretary of State may direct it to grant, such licences as are necessary to ensure that water may continue to be abstracted or impounded by or on behalf of the Crown in the manner in which, and to the extent to which,—

• (a) it may be so abstracted or impounded immediately before the coming into force of sub-paragraph (4) of paragraph 2 of Schedule 21 to this Act in relation to that Chapter, or

• (b) it has been so abstracted or impounded at any time in the period of five years immediately preceding the coming into force of that sub-paragraph in relation to that Chapter.

21

• (1) This paragraph applies to any consent—

• (a) which was given under paragraph 2 of Schedule 10 to the Water Resources Act 1991 (discharge consents), as in force before the transfer date; and

• (b) which is in force immediately before that date.

• (2) On and after the transfer date, a consent to which this paragraph applies—

• (a) shall, for so long as it would have continued in force apart from this Act, have effect as a consent given under paragraph 3 of Schedule 10 to that Act, as substituted by this Act, subject to the same conditions as were attached to the consent immediately before the transfer date; and

• (b) shall—

• (i) during the period of six months beginning with the transfer date, not be limited to discharges by any particular person but extend to discharges made by any person; and

• (ii) after that period, extend, but be limited, to discharges made by any person who before the end of that period gives notice to the Agency that he proposes to rely on the consent after that period.

Part II — Transitory provisions in respect of flood defence

Disqualification for membership of regional flood defence committee

22

Where a person is disqualified for membership of a regional flood defence committee by virtue of having been adjudged bankrupt before the coming into force of the Insolvency Act 1986, the rules applicable apart from the repeals made by the Consequential Provisions Act or this Act, rather than paragraph 3(2) of Schedule 5 to this Act, shall apply for determining when that disqualification shall cease.

Savings in relation to local flood defence schemes

23

• (1) In any case where—

• (a) immediately before the coming into force of section 17 of this Act, any scheme or committee continues, by virtue of paragraph 14 of Schedule 2 to the Consequential Provisions Act, to be treated as a local flood defence scheme or a local flood defence committee, or

• (b) immediately before the coming into force of section 18 of this Act, any person continues, by virtue of that paragraph, to hold office,

the scheme or committee shall continue to be so treated or, as the case may be, the person shall continue so to hold office, notwithstanding the provisions of section 18 of, or Schedule 5 to, this Act or the repeal of any enactment by this Act.

• (2) Where a person is disqualified for membership of a local flood defence committee by virtue of having been adjudged bankrupt before the coming into force of the Insolvency Act 1986, the rules applicable apart from the repeals made by the Consequential Provisions Act or this Act, rather than paragraph 3(2) of Schedule 5 to this Act, shall apply for determining when that disqualification shall cease.

Interpretation

24

In this Part of this Schedule, “the Consequential Provisions Act” means the Water Consolidation (Consequential Provisions) Act 1991.

SCHEDULE 24

Editorial notes

[^c14535771]: For the extent of this Act see s. 125(7)-(10).

[^c14535791]: 1991 c. 57.

[^c14535801]: 1991 c. 59.

[^c14535811]: 1989 c. 15.

[^c14535831]: 1966 c. 38.

[^c14535841]: 1975 c. 51.

[^c14535851]: 1989 c. 15.

[^c14535861]: 1989 c. 14.

[^c14535871]: 1990 c. 43.

[^c14535881]: 1974 c. 40.

[^c14535891]: 1993 c. 12.

[^c14535901]: 1906 c. 14.

[^c14535911]: 1974 c. 37.

[^c14535921]: 1993 c. 12.

[^c14535931]: 1991 c. 56.

[^c14535941]: S.I. 1989/1263.

[^c14535951]: S. 3 not in force at Royal Assent see s. 125(3); s. 3(2)-(8) in force at 28.7.1995 by S.I. 1995/1983, art. 2; s. 3(1) in force at 1.4.1996 by S.I. 1996/186, art 3

[^c14536041]: S. 5 wholly in force at 1.4.1996; s. 5 not in force at Royal Assent see s. 125(3); s. 5(2)(5) in force at 1.2.1996 by S.I. 1996/186, art 2; s. 5(1)(3)(4) in force at 1.4.1996 by S.I. 1996/186, art 3

[^c14536051]: 1906 c. 14.

[^c14536061]: 1974 c. 37.

[^c14536071]: 1974 c. 40.

[^c14536081]: 1989 c. 14.

[^c14536091]: 1991 c. 56.

[^c14536101]: 1993 c. 12.

[^c14536111]: S. 5(5)(i) inserted (21.3.2000 for E.W and otherwise prosp.) by 1999 c. 24, ss. 6(1), 7(3), Sch. 2 para. 15; S.I. 2000/800, art. 2

[^c14536121]: 1972 c. 68.

[^c14536281]: 1991 c. 56.

[^c14536301]: 1975 c. 51.

[^c14536311]: 1975 c. 51.

[^c14536321]: S. 6: definition of “the River Esk” inserted (30.6.1999) by S.I. 1999/1746, arts. 1(1), 5(3); S.I. 1998/3178, art. 3

[^c14536331]: 1859 c. lxx.

[^c14536341]: 1991 c. 56.

[^c14536351]: 1991 c. 56.

[^c14536421]: 1988 c. 4.

[^c14536431]: Words in definition of “National Park authority” in s. 8(6) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

[^c14536441]: S. 8(6) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

[^c14536471]: S. 9(3) excluded (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

[^c14536501]: 1991 c. 56.

[^c14536511]: S. 11 repealed (W.) (1.4.2002) by S.I. 2002/784, art. 2(2)

[^c14536551]: 1965 c. 13.

[^c14536561]: 1974 c. 40.

[^c14536571]: 1970 c. 40.

[^c14536581]: 1989 c. 14.

[^c14536591]: 1974 c. 40.

[^c14536601]: 1993 c. 12.

[^c14536611]: 1906 c. 14.

[^c14536631]: 1993 c. 11.

[^c14536641]: 1993 c. 12.

[^c14536661]: 1994 c. 39.

[^c14536701]: 1947 c. 42.

[^c14536711]: 1936 c. 52.

[^c14536721]: 1973 c. 65.

[^c14536731]: Words in s. 31(5)(6)(7) substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 120(2)(a); S.I. 1998/3178, art. 3

[^c14536741]: Words in s. 31(5) repealed (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 120(2)(b), Pt. IV; S.I. 1998/3178, art. 3

[^c14536771]: Words in s. 31(7) repealed (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 120(2)(c), Pt. IV; S.I. 1998/3178, art. 3

[^c14536781]: 1991 c. 28.

[^c14536871]: 1906 c. 14.

[^c14536891]: 1974 c. 40.

[^c14536901]: 1974 c. 37.

[^c14536911]: 1989 c. 14.

[^c14536921]: 1993 c. 11.

[^c14536931]: 1993 c. 12.

[^c14536941]: S. 33(5)(ga) inserted (21.3.2000 (E.W.) and 29.9.2000 (S.)) by 1999 c. 24, s. 6(1), Sch. 2 para. 16; S.I. 2000/800, art. 2; S.S.I. 2000/322, art. 2

[^c14536951]: 1972 c. 68.

[^c14537071]: 1991 c. 28.

[^c14537081]: S. 36(3)(da) substituted (S.) (1.4.2002) by 2002 asp 3, s. 71(2), Sch. 7 para. 24(2) (with s. 67); S.S.I. 2002/118, art. 2(3)

[^c14537091]: S. 37 wholly in force at 1.4.1996; s. 37 not in force at Royal Assent see s. 125(3); s. 37(1)(2)(9) in force at 28.7.1995 by S.I. 1995/1983, art. 2; s. 37(3)-(8) in force at 1.4.1996 by S.I. 1996/186, art 3

[^c14537101]: S. 38 modified (30.6.1999) by S.I. 1999/1746, arts. 1(1), 5(1); S.I. 1998/3178, art. 3

[^c14537111]: 1975 c. 26.

[^c14537121]: S. 40 modified (30.6.1999) by S.I. 1999/1746, arts. 1(1), 5(2); S.I. 1998/3178, art. 3

[^c14537131]: S. 41 applied (with modifications) (2.12.1998) by S.I. 1998/2746, reg. 16(1) S. 41: certain functions made exercisable only after consultation with the Assembly (W.) (1.7.1999) by S.I. 1999/672, art. 5, Sch. 2

[^c14537141]: S. 41 wholly in force at 1.4.1996; s. 41 not in force at Royal Assent see s. 125(3); s. 41 in force for specified purposes at 21.9.1995 by S.I. 1995/1983, art. 3; s. 41 in force for further specified purposes at 1.2.1996 by S.I. 1996/186, art 2; s. 41 in force at 1.4.1996 insofar as not already in force by S.I. 1996/186, art 3

[^c14537221]: S. 42 applied (with modifications) (2.12.1998) by S.I. 1998/2746, reg. 16(1) S. 42: certain functions made exercisable only after consultation with the Assembly (W.) (1.7.1999) by S.I. 1999/672, art. 5, Sch. 2 S. 42 modified (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

[^c14537241]: Words in s. 42(3)(b)(i) substituted (1.4.2000) by 1999 c. 28, s. 40(1)(2), Sch. 5 para. 44(1)(2)(a) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

[^c14537261]: S. 42(3)(b)(ii) repealed (1.4.2000) by 1999 c. 28, s. 40(1)(2)(4), Sch. 5 para. 44(1)(2)(b), Sch. 6 (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

[^c14537271]: Words in s. 42(4) substituted (1.4.2000) by 1999 c. 28, s. 40(1)(2), Sch. 5 para. 44(1)(3)(s) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

[^c14537281]: Words in s. 42(4)(b) substituted (1.4.2000) by 1999 c. 28, s. 40(1)(2), Sch. 5 para. 44(1)(3)(b) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

[^c14537291]: Words in s. 42(7) inserted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 120(3); S.I. 1998/3178, art. 3

[^c14537311]: Words in s. 42(9) substituted for paras. (a) and (b) (1.4.2000) by 1999 c. 28, s. 40(1)(2), Sch. 5 para. 44(1)(5)(a) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

[^c14537321]: Words in s. 42(9) substituted (1.4.2000) by 1999 c. 28, s. 40(1)(2), Sch. 5 para. 44(1)(5)(b) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

[^c14537331]: Words in s. 42(10) substituted (1.4.2000) by 1999 c. 28, s. 40(1)(2), Sch. 5 para. 44(1)(6) (with s. 38, 40(2)); S.I. 2000/1066, art. 2

[^c14537341]: S. 43 modified (15.8.2002) by S.I. 2002/1998, art. 24(1) (with art. 33)

[^c14537351]: S. 44(1): Treasury approval requirement continued (1.7.1999) by virtue of S.I. 1999/672, art. 2, Sch. 1

[^c14537361]: Words in s. 44(1)(b) inserted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 120(4); S.I. 1998/3178, art. 3

[^c14537371]: Words in s. 44(3) repealed (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 120(5)(a)(i), Pt. IV; S.I. 1998/3178, art. 3

[^c14537381]: Words in s. 44(3) inserted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 120(5)(a)(ii); S.I. 1998/3178, art. 3

[^c14537391]: Words in s. 44(4) inserted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 120(5)(b); S.I. 1998/3178, art. 3

[^c14537401]: S. 45(2): Treasury consent requirement continued (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

[^c14537411]: Words in s. 45(2) inserted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 120(4)(b); S.I. 1998/3178, art. 3

[^c14537461]: S. 46 ceases to have effect so far as relating to the Scottish Environment Protection Agency (S.) (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 13(2); S.S.I. 2000/10, art. 2(3)

[^c14537491]: S. 46(3) modified (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

[^c14537501]: 1983 c. 44.

[^c14537511]: S. 46A inserted (S.) (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 13(3); S.S.I. 2000/10, art. 2(3)

[^c14537521]: Words in s. 47 inserted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 120(4)(c); S.I. 1998/3178, art. 3

[^c14537541]: This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

[^c14537551]: Words in s. 48(2)(3) substituted (S.) (1.4.2000) by 2000 asp 1, s. 8, Sch. 1 para. 7(2)(a); S.S.I. 2000/10, art. 2(3)

[^c14537561]: Words in s. 48(2) inserted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 120(4)(a); S.I. 1998/3178, art. 3

[^c14537581]: S. 48(5)(b) and the preceding “or” repealed (S.) (1.4.2000) by 2000 asp 1, s. 8, Sch. 1 para. 7(2)(b); S.S.I. 2000/10, art. 2(3)

[^c14537601]: S. 48(5A)(5B) inserted (S.) (1.4.2000) by 2000 asp 1, s. 8, Sch. 1; S.S.I. 2000/10, art. 2(3)

[^c14537621]: This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

[^c14537631]: Words in s. 48(2) inserted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 120(4)(a); S.I. 1998/3178, art. 3

[^c14537681]: S. 49(1)(2): Treasury approval requirement continued (1.7.1999) by virtue of S.I. 1999/672, art. 2, Sch. 1

[^c14537691]: Words in s. 49(1) inserted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 120(4)(c); S.I. 1998/3178, art. 3

[^c14537711]: S. 49(3)-(5) cease to have effect so far as relating to the Scottish Environment Protection Agency (S.) (1.4.2000) by virtue of 2000 asp 1, s. 8, Sch. 1 para. 7(3); S.S.I. 2000/10, art. 2(3)

[^c14537721]: Words in s. 50(1) inserted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 120(4); S.I. 1998/3178, art. 3

[^c14537731]: Words in s. 50(4) inserted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 120(6); S.I. 1998/3178, art. 3

[^c14537741]: S. 52(1) modified (30.6.1999) by S.I. 1999/1746, arts. 1(1), 10(1); S.I. 1998/3178, art. 3 S. 52(1) modified (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

[^c14537751]: 1972 c. 70.

[^c14537761]: 1973 c. 65.

[^c14537771]: S. 55 wholly in force at 1.4.1996; s. 55 not in force at Royal Assent see s. 125(3); s. 55(7)-(10) in force at 1.2.1996 by S.I. 1996/186, art 2; s. 55(1)-(6) in force at 1.4.1996 by S.I. 1996/186, art 3

[^c14538241]: 1990 c. 43.

[^c14538251]: 1991 c. 57.

[^c14538261]: 1974 c. 40.

[^c14538271]: Definition of “the environment” in s. 56(1) substituted (21.3.2000 (E.W.) and 29.9.2000 (S.)) by 1999 c. 24, s. 6(1), Sch. 2 para. 17; S.I. 2000/800, art. 2; S.S.I. 2000/322, art. 2

[^c14538281]: 1989 c. 14.

[^c14538381]: 1973 c. 65.

[^c14538391]: 1994 c. 39.

[^c14538591]: S. 57 wholly in force; s. 57 not in force at Royal Assent see s. 125(3); s. 57 in force for specified purposes at 21.9.1995 by S.I. 1995/1983, art. 3; s. 57 in force for E. at 1.4.2000 insofar as not already in force by S.I. 2000/340, art. 2; s. 57 in force for S. at 14.7.2000 insofar as not already in force by S.S.I. 2000/180, art. 2(1)(a) (except so far as it inserts section s. 78S into the 1990 Act); s. 57 in force for S. at 14.7.2000 insofar as not already in force by S.I. 2000/1986, art. 2; s. 57 in force for W. at 15.9.2001 by S.I. 2001/3211, art. 2(a) (with art. 3)

[^c14538601]: 1990 c. 43.

[^c14538611]: 1991 c. 57.

[^c14538621]: 1974 c. 40.

[^c14538631]: 1970 c. 35.

[^c14538641]: 1970 c. 35.

[^c14538651]: 1994 c. 39.

[^c14538661]: 1954 c. 70.

[^c14538671]: 1936 c. 49.

[^c14538681]: 1995 c. 25.

[^c14538691]: 1925 c. 20.

[^c14538701]: 1986 c. 63.

[^c14538711]: 1986 c. 45.

[^c14538721]: 1986 c. 45.

[^c14538731]: 1985 c. 51.

[^c14538741]: 1991 c. 57.

[^c14538751]: 1974 c. 40.

[^c14538761]: 1993 c. 12.

[^c14538771]: S. 58 wholly in force at 1.7.1998; s. 58 not in force at Royal Assent see s. 125(3); s. 58 in force for specified purposes at 21.9.1995 by S.I. 1995/1983, art. 3; s. 58 in force on 1.7.1998 insofar as not already in force by S.I. 1998/604, art. 2

[^c14538781]: 1986 c. 45.

[^c14538791]: 1985 c. 66.

[^c14538801]: 1954 c. 70.

[^c14538811]: 1986 c. 45.

[^c14538821]: 1986 c. 45.

[^c14538831]: 1985 c. 66.

[^c14538841]: 1990 c. 43.

[^c14538851]: S. 59 wholly in force at 1.1.1999; s. 59 not in force at Royal Assent see s. 125(3); s. 59 in force for specified purposes at 12.10.1995 by S.I 1995/2649, art. 2(i); s. 59 in force at 1.1.1999 insofar as not already in force by S.I. 1998/3272, art. 2

[^c14538861]: 1974 c. 40.

[^c14538871]: 1985 c. 66.

[^c14538881]: 1986 c. 45.

[^c14538891]: 1986 c. 45.

[^c14538901]: 1986 c. 45.

[^c14538911]: 1985 c. 66.

[^c14538921]: 1990 c.43.

[^c14538931]: 1994 c. 39.

[^c14538941]: S. 60 wholly in force at 1.7.1998; s. 60 not in force at Royal Assent see s. 125(3); s. 60(3)(4)(5)(a)(7) in force at 1.7.1997 by S.I. 1997/1626, art. 2(a) (with transitional provisions in art. 3); s. 60 in force at 1.7.1998 in so far as not already in force by S.I. 1998/604, art. 3

[^c14538961]: 1949 c. 97.

[^c14538971]: 1949 c. 97.

[^c14538981]: 1968 c. 41.

[^c14538991]: 1949 c. 97.

[^c14539001]: 1949 c. 97.

[^c14539011]: 1972 c. 70.

[^c14539021]: 1990 c. 8.

[^c14539031]: 1972 c. 70.

[^c14539061]: 1994 c. 19.

[^c14539091]: 1949 c. 97.

[^c14539101]: 1968 c. 41.

[^c14539141]: 1990 c. 8.

[^c14539151]: 1991 c. 34.

[^c14539161]: 1949 c. 97.

[^c14539171]: 1968 c. 41.

[^c14539181]: 1981 c. 69.

[^c14539191]: 1990 c. 8.

[^c14539201]: 1988 c. 41.

[^c14539221]: 1990 c. 8.

[^c14539251]: 1974 c. 7.

[^c14539261]: 1980 c. 65.

[^c14539281]: 1992 c. 19.