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Environment Act 1995

Current text a fecha 2026-03-26

Part I — The Environment Agency and the Scottish Environment Protection Agency

Chapter I — The Environment Agency

Establishment of the Agency

The Environment Agency.

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and the Agency’s property shall not be regarded as property of, or property held on behalf of, the Crown.

Transfer of functions, property etc. to the Agency

Transfer of functions to the Agency.

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or assigned to them by or under any other enactment, apart from this Act;

Transfer of property, rights and liabilities to the Agency.

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shall, by virtue of this paragraph, be transferred to and vested in the Agency;

shall be transferred to and vested in the Agency by and in accordance with the scheme.

Principal aim and objectives of the Agency.

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Chapter 1A — General functions of the Agency and the Natural Resources Body for Wales

General functions with respect to pollution control.

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compile information relating to such pollution (whether the information is acquired by the Agency carrying out observations or is obtained in any other way).

General provisions with respect to water.

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and it shall be the duty of an appropriate agency, in determining what steps to take in performance of the duty imposed by virtue of paragraph (c) above, to take into account the needs of persons who are chronically sick or disabled. This subsection is without prejudice to the duties of the Agency under section 7 below.

but nothing in this subsection shall be construed as relieving any water undertaker of the obligation to develop water resources for the purpose of performing any duty imposed on it by virtue of section 37 of the Water Industry Act 1991 (general duty to maintain water supply system).

but nothing in this subsection shall be construed as relieving any water undertaker of the obligation to develop water resources for the purpose of performing any duty imposed on it by virtue of section 37 of the Water Industry Act 1991 (general duty to maintain water supply system).

except so much of those inland waters as are in England.

as it applies to the provisions referred to in that subsection.

so much of the River Esk, with its banks and tributary streams up to their source, as is situated in Scotland, and

but, in the case of the enactments specified in paragraph (b) above, excluding the River Tweed.

General environmental and recreational duties.

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so to exercise any power conferred on him or it with respect to the proposals as to further the conservation and enhancement of natural beauty and the conservation of flora, fauna and geological or physiographical features of special interest;

as they apply in relation to proposals relating to the Agency’s own functions, other than its pollution control functions.

for securing, so long as the Agency has rights to the use of water or land associated with water, that those rights are exercised so as to ensure that the water or land is made available for recreational purposes and is so made available in the best manner.

Environmental duties with respect to sites of special interest.

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Natural England shall notify the fact that the land is of special interest for that reason to the appropriate agency.

the Natural Resources Body for Wales shall notify the fact that the land is of special interest for that reason to the Agency.

the National Park authority or Broads Authority shall notify the appropriate agency of the fact that the land is such land, and of the reasons why those matters are of particular importance in relation to the land.

Codes of practice with respect to environmental and recreational duties.

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and may at any time by such an order approve a modification of such a code or withdraw its approval of such a code or modification.

Duty of the Agency to cooperate with the Natural Resources Body for Wales

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The Agency must cooperate with the Natural Resources Body for Wales, and coordinate its activities with those of the Natural Resources Body for Wales, as may be appropriate in the circumstances.

Incidental functions of the Agency and the Natural Resources Body for Wales.

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and any reference in this section to “the relevant purposes” is a reference to the purposes described in paragraphs (a) , (aa) and (b) above.

Advisory committees

Advisory committee for Wales.

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Environment protection advisory committees.

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Regional and local fisheries advisory committees.

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Flood defence committees

Regional flood defence committees.

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Composition of regional flood defence committees.

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the chairman or a member of an old committee which, by virtue of section 14 above, is replaced by a new committee shall be treated, on and after that date, for the remainder of the period for which he would, under the terms of his appointment, have held office in relation to the old committee, as if he had been appointed as the chairman or, as the case may be, a member of the new committee, and on the same terms, by that Minister or, as the case may be, by or on behalf of that council or, in the case of a person appointed by the National Rivers Authority, by the Agency.

the member or members in question shall be appointed by the relevant Minister on behalf of those councils.

Change of composition of regional flood defence committee.

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the relevant Minister shall by order made by statutory instrument specify the number of members to be appointed to the committee by each of the constituent councils.

may include provision to that effect in the order.

Power to alter composition of regional flood defence committees in Wales

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Effect of order under section 16A

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Local flood defence schemes and local flood defence committees.

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and references in the following provisions of this section and in sections 18 and 18A below to local flood defence schemes are references to schemes under either of paragraphs (a) and (b) above.

or partly by one of those means and partly by another or others.

Composition of local flood defence committees.

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Power to revoke local flood defence schemes

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and subsections (7) and (8) of section 16 of this Act shall apply in relation to so much of an order under this section as is made by virtue of this subsection as they apply in relation to an order under subsection (5) of that section.

Membership and proceedings of flood defence committees.

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Schedule 5 to this Act shall have effect in relation to regional flood defence committees and local flood defence committees.

Chapter II — The Scottish Environment Protection Agency

Establishment of SEPA

The Scottish Environment Protection Agency.

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General purpose of SEPA

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Transfer of functions, property etc. to SEPA

Transfer of functions to SEPA.

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or assigned to them by or under any other enactment apart from this Act;

Transfer of property, rights and liabilities to SEPA.

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shall be transferred to and vested in SEPA by and in accordance with the scheme.

Functions of staff commission.

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The functions of the staff commission established under section 12 of the Local Government etc. (Scotland) Act 1994 shall include—

Other functions etc. of SEPA

Consultation with respect to drainage works.

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Assessing flood risk.

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Power of SEPA to purchase land compulsorily.

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Power of SEPA to obtain information about land.

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shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Power of SEPA to promote or oppose private legislation.

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Procedure relating to making of byelaws.

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The following provisions of the Local Government (Scotland) Act 1973—

shall apply in relation to SEPA as they apply in relation to a local authority, provided that in the application of the said section 202 to SEPA for subsection (13) there shall be substituted—

(13) The Scottish Environment Protection Agency shall send a copy of any byelaws made by it to the proper officer of the local authority for any area to the whole or any part of which the byelaws will apply.

Records held by SEPA.

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General powers and duties

Guidance on SEPA's general purpose and on sustainable development and other aims and objectives.

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General environmental and recreational duties.

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General duties as respects the state of the environment and effects of pollution.

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compile information relating to such pollution the general state of the environment (whether the information is acquired by SEPA carrying out observations or is obtained in any other way).

General duties with respect to water.

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Environmental duties as respects Natural Heritage Areas and sites of special interest.

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and SNH consider that it may at any time be affected by schemes, works, operations or activities of SEPA or by an authorisation given by SEPA, SNH shall give notice to SEPA in accordance with subsection (2) below.

SNH shall forthwith notify SEPA of that fact.

Codes of practice with respect to environmental and recreational duties.

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and may at any time by such an order approve a modification of such a code or withdraw his approval of such a code or modification.

Chapter III — Miscellaneous, General and Supplemental Provisions Relating to the New Agencies and the Natural Resources Body for Wales

Additional general powers and duties

Incidental general functions.

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and the Agency may institute criminal proceedings in England and Wales.

Delegation of functions by Ministers etc. to the new Agencies.

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authorising the new Agency (or any of its employees) to exercise on behalf of that Minister, with or without payment, any eligible function of his.

he may include in any such arrangements provision for the making of such payments to him or a new Agency in cases where the new Agency (or any of its employees) acts on his behalf by virtue of an agreement under this section.

General duty of the new Agencies Agency to have regard to costs and benefits in exercising powers.

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shall, unless and to the extent that it is unreasonable for it to do so in view of the nature or purpose of the power or in the circumstances of the particular case, take into account the likely costs and benefits of the exercise or non-exercise of the power or its exercise in the manner in question.

Ministerial directions to the new Agencies.

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of the giving of the direction and of where a copy of the direction may be obtained.

as those provisions have effect in relation to a direction given under subsection (2) above.

the body or person making the determination shall be bound by any direction given under this section or any other enactment by a Minister of the Crown to the new Agency to the same extent as the new Agency.

the Secretary of State or the Welsh Ministers.

Charging schemes

Power to make schemes imposing charges.

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and in this section “prescribed” means specified in, or determined under, a scheme (in this section referred to as a “charging scheme”) made under this section by the body in question.

and in this subsection “relevant licensed period” means the period during which an environmental licence is in force or such part of that period as may be prescribed.

Charges in respect of the EU greenhouse gas emissions trading scheme

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and in this section “prescribed” means specified in, or determined under, a scheme (in this section referred to as a “charging scheme”) made under this section by the charging authority in question.

the Agency and that other charging authority shall each include in a charging scheme (subject to approval by the Secretary of State , the Welsh Ministers or the Scottish Ministers under section 42) provision giving effect to the proposals.

Charging schemes in respect of abstraction and impounding licences: joint charging schemes

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Charging schemes in respect of abstraction and impounding licences: cross-border arrangements

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Approval of charging schemes.

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which the Food Standards Agency incurs in carrying out its functions in relation to environmental permits under the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) concerning the disposal of radioactive waste within the meaning of those Regulations.

as the Secretary of State or, as the case may be, the Welsh Ministers may consider it appropriate to attribute to the carrying out of those functions in relation to activities to which environmental licences of the description in question relate.

Incidental power to impose charges

Incidental power of the new Agencies to impose charges.

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General financial provisions

General financial duties.

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determine the financial duties of that new Agency; and different determinations may be made for different functions and activities of the new Agency.

Accounts and records.

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Audit.

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shall be sent to each of the appropriate Ministers as soon as reasonably practicable after the report is received by the new Agency; and the Secretary of State shall lay before each House of Parliament a copy of those accounts and that report.

and section 6 of the National Audit Act 1983 (examinations of economy, efficiency and effectiveness) accordingly applies to each new Agency.

Audit: SEPA

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Grants to the new Agencies.

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The appropriate Minister may, in the case of the Agency only with the approval of the Treasury, make to a new Agency grants of such amounts, and on such terms, as he thinks fit.

Borrowing powers.

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borrow temporarily in sterling, by way of overdraft or otherwise, from persons other than the appropriate Ministers, such sums as it may require for meeting its obligations and carrying out its functions.

Government loans to the new Agencies.

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and the form of the account and the manner of preparing it shall be such as the Treasury may direct.

such sums as are necessary to enable him to make loans to a new Agency under this section; and any sums received by a Minister of the Crown in pursuance of subsection (2) above shall be paid into the National Loans Fund or, as the case may be, the Consolidated Fund.

Government guarantees of a new Agency’s borrowing.

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and the consent of the Treasury shall be required for the giving of a direction under this subsection in the case of the Agency only.

Information

Provision of information by the new Agencies.

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Annual report.

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Supplemental provisions

Inquiries and other hearings.

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as they apply to inquiries under that section, but taking the reference in subsection (4) of that section to a local authority as including a reference to the Agency or, as the case may be, the Natural Resources Body for Wales.

as they apply to inquiries held under that section.

Appearance in legal proceedings.

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In England and Wales, a person who is authorised by the Agency to prosecute on its behalf in proceedings before a magistrates’ court shall be entitled to prosecute in any such proceedings ....

Continuity of exercise of functions: the new Agencies.

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shall not affect the validity of anything done by that Authority or board before the transfer date.

and the Secretary of State may, in relation to any particular functions, by order exclude, modify or supplement any of the foregoing provisions of this section or make such other transitional provisions as he thinks necessary or expedient.

Interpretation of Part I.

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Part II — Contaminated Land and Abandoned Mines

Contaminated land.

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After section 78 of the Environmental Protection Act 1990 there shall be inserted—

(78A) (1) The following provisions have effect for the interpretation of this Part. (2) “Contaminated land” is any land which appears to the local authority in whose area it is situated to be in such a condition, by reason of substances in, on or under the land, that— (a) significant harm is being caused or there is a significant possibility of such harm being caused; or (b) pollution of controlled waters is being, or is likely to be, caused; and, in determining whether any land appears to be such land, a local authority shall, subject to subsection (5) below, act in accordance with guidance issued by the Secretary of State in accordance with section 78YA below with respect to the manner in which that determination is to be made. (3) A “special site” is any contaminated land— (a) which has been designated as such a site by virtue of section 78C(7) or 78D(6) below; and (b) whose designation as such has not been terminated by the appropriate Agency under section 78Q(4) below. (4) “Harm” means harm to the health of living organisms or other interference with the ecological systems of which they form part and, in the case of man, includes harm to his property. (5) The questions— (a) what harm is to be regarded as “significant”, (b) whether the possibility of significant harm being caused is “significant”, (c) whether pollution of controlled waters is being, or is likely to be caused, shall be determined in accordance with guidance issued for the purpose by the Secretary of State in accordance with section 78YA below. (6) Without prejudice to the guidance that may be issued under subsection (5) above, guidance under paragraph (a) of that subsection may make provision for different degrees of importance to be assigned to, or for the disregard of,— (a) different descriptions of living organisms or ecological systems; (b) different descriptions of places; or (c) different descriptions of harm to health or property, or other interference; and guidance under paragraph (b) of that subsection may make provision for different degrees of possibility to be regarded as “significant” (or as not being “significant”) in relation to different descriptions of significant harm. (7) “Remediation” means— (a) the doing of anything for the purpose of assessing the condition of— (i) the contaminated land in question; (ii) any controlled waters affected by that land; or (iii) any land adjoining or adjacent to that land; (b) the doing of any works, the carrying out of any operations or the taking of any steps in relation to any such land or waters for the purpose— (i) of preventing or minimising, or remedying or mitigating the effects of, any significant harm, or any pollution of controlled waters, by reason of which the contaminated land is such land; or (ii) of restoring the land or waters to their former state; or (c) the making of subsequent inspections from time to time for the purpose of keeping under review the condition of the land or waters; and cognate expressions shall be construed accordingly. (8) Controlled waters are “affected by” contaminated land if (and only if) it appears to the enforcing authority that the contaminated land in question is, for the purposes of subsection (2) above, in such a condition, by reason of substances in, on or under the land, that pollution of those waters is being, or is likely to be caused. (9) The following expressions have the meaning respectively assigned to them— - “the appropriate Agency” means— 1. in relation to England and Wales, the Environment Agency; 2. in relation to Scotland, the Scottish Environment Protection Agency; - “appropriate person” means any person who is an appropriate person, determined in accordance with section 78F below, to bear responsibility for any thing which is to be done by way of remediation in any particular case; - “charging notice” has the meaning given by section 78P(3)(b) below; - “controlled waters”— 1. in relation to England and Wales, has the same meaning as in Part III of the Water Resources Act 1991; and 2. in relation to Scotland, has the same meaning as in section 30A of the Control of Pollution Act 1974; - “creditor” has the same meaning as in the Conveyancing and Feudal Reform (Scotland) Act 1970; - “enforcing authority” means— 1. in relation to a special site, the appropriate Agency; 2. in relation to contaminated land other than a special site, the local authority in whose area the land is situated; - “heritable security” has the same meaning as in the Conveyancing and Feudal Reform (Scotland) Act 1970; - “local authority” in relation to England and Wales means— 1. any unitary authority; 2. any district council, so far as it is not a unitary authority; 3. the Common Council of the City of London and, as respects the Temples, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple respectively; - “notice” means notice in writing; - “notification” means notification in writing; - “owner”, in relation to any land in England and Wales, means a person (other than a mortgagee not in possession) who, whether in his own right or as trustee for any other person, is entitled to receive the rack rent of the land, or, where the land is not let at a rack rent, would be so entitled if it were so let; - “owner”, in relation to any land in Scotland, means a person (other than a creditor in a heritable security not in possession of the security subjects) for the time being entitled to receive or who would, if the land were let, be entitled to receive, the rents of the land in connection with which the word is used and includes a trustee, factor, guardian or curator and in the case of public or municipal land includes the persons to whom the management of the land is entrusted; - “pollution of controlled waters” means the entry into controlled waters of any poisonous, noxious or polluting matter or any solid waste matter; - “prescribed” means prescribed by regulations; - “regulations” means regulations made by the Secretary of State; - “remediation declaration” has the meaning given by section 78H(6) below; - “remediation notice” has the meaning given by section 78E(1) below; - “remediation statement” has the meaning given by section 78H(7) below; - “required to be designated as a special site” shall be construed in accordance with section 78C(8) below; - “substance” means any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour; - “unitary authority” means— 1. the council of a county, so far as it is the council of an area for which there are no district councils; 2. the council of any district comprised in an area for which there is no county council; 3. the council of a London borough; 4. the council of a county borough in Wales. (78B) (1) Every local authority shall cause its area to be inspected from time to time for the purpose— (a) of identifying contaminated land; and (b) of enabling the authority to decide whether any such land is land which is required to be designated as a special site. (2) In performing its functions under subsection (1) above a local authority shall act in accordance with any guidance issued for the purpose by the Secretary of State in accordance with section 78YA below. (3) If a local authority identifies any contaminated land in its area, it shall give notice of that fact to— (a) the appropriate Agency; (b) the owner of the land; (c) any person who appears to the authority to be in occupation of the whole or any part of the land; and (d) each person who appears to the authority to be an appropriate person; and any notice given under this subsection shall state by virtue of which of paragraphs (a) to (d) above it is given. (4) If, at any time after a local authority has given any person a notice pursuant to subsection (3)(d) above in respect of any land, it appears to the enforcing authority that another person is an appropriate person, the enforcing authority shall give notice to that other person— (a) of the fact that the local authority has identified the land in question as contaminated land; and (b) that he appears to the enforcing authority to be an appropriate person. (78C) (1) If at any time it appears to a local authority that any contaminated land in its area might be land which is required to be designated as a special site, the authority— (a) shall decide whether or not the land is land which is required to be so designated; and (b) if the authority decides that the land is land which is required to be so designated, shall give notice of that decision to the relevant persons. (2) For the purposes of this section, “the relevant persons” at any time in the case of any land are the persons who at that time fall within paragraphs (a) to (d) below, that is to say— (a) the appropriate Agency; (b) the owner of the land; (c) any person who appears to the local authority concerned to be in occupation of the whole or any part of the land; and (d) each person who appears to that authority to be an appropriate person. (3) Before making a decision under paragraph (a) of subsection (1) above in any particular case, a local authority shall request the advice of the appropriate Agency, and in making its decision shall have regard to any advice given by that Agency in response to the request. (4) If at any time the appropriate Agency considers that any contaminated land is land which is required to be designated as a special site, that Agency may give notice of that fact to the local authority in whose area the land is situated. (5) Where notice under subsection (4) above is given to a local authority, the authority shall decide whether the land in question— (a) is land which is required to be designated as a special site, or (b) is not land which is required to be so designated, and shall give notice of that decision to the relevant persons. (6) Where a local authority makes a decision falling within subsection (1)(b) or (5)(a) above, the decision shall, subject to section 78D below, take effect on the day after whichever of the following events first occurs, that is to say— (a) the expiration of the period of twenty-one days beginning with the day on which the notice required by virtue of subsection (1)(b) or, as the case may be, (5)(a) above is given to the appropriate Agency; or (b) if the appropriate Agency gives notification to the local authority in question that it agrees with the decision, the giving of that notification; and where a decision takes effect by virtue of this subsection, the local authority shall give notice of that fact to the relevant persons. (7) Where a decision that any land is land which is required to be designated as a special site takes effect in accordance with subsection (6) above, the notice given under subsection (1)(b) or, as the case may be, (5)(a) above shall have effect, as from the time when the decision takes effect, as the designation of that land as such a site. (8) For the purposes of this Part, land is required to be designated as a special site if, and only if, it is land of a description prescribed for the purposes of this subsection. (9) Regulations under subsection (8) above may make different provision for different cases or circumstances or different areas or localities and may, in particular, describe land by reference to the area or locality in which it is situated. (10) Without prejudice to the generality of his power to prescribe any description of land for the purposes of subsection (8) above, the Secretary of State, in deciding whether to prescribe a particular description of contaminated land for those purposes, may, in particular, have regard to— (a) whether land of the description in question appears to him to be land which is likely to be in such a condition, by reason of substances in, on or under the land that— (i) serious harm would or might be caused, or (ii) serious pollution of controlled waters would be, or would be likely to be, caused; or (b) whether the appropriate Agency is likely to have expertise in dealing with the kind of significant harm, or pollution of controlled waters, by reason of which land of the description in question is contaminated land. (78D) (1) In any case where— (a) a local authority gives notice of a decision to the appropriate Agency pursuant to subsection (1)(b) or (5)(b) of section 78C above, but (b) before the expiration of the period of twenty-one days beginning with the day on which that notice is so given, that Agency gives the local authority notice that it disagrees with the decision, together with a statement of its reasons for disagreeing, the authority shall refer the decision to the Secretary of State and shall send to him a statement of its reasons for reaching the decision. (2) Where the appropriate Agency gives notice to a local authority under paragraph (b) of subsection (1) above, it shall also send to the Secretary of State a copy of the notice and of the statement given under that paragraph. (3) Where a local authority refers a decision to the Secretary of State under subsection (1) above, it shall give notice of that fact to the relevant persons. (4) Where a decision of a local authority is referred to the Secretary of State under subsection (1) above, he— (a) may confirm or reverse the decision with respect to the whole or any part of the land to which it relates; and (b) shall give notice of his decision on the referral— (i) to the relevant persons; and (ii) to the local authority. (5) Where a decision of a local authority is referred to the Secretary of State under subsection (1) above, the decision shall not take effect until the day after that on which the Secretary of State gives the notice required by subsection (4) above to the persons there mentioned and shall then take effect as confirmed or reversed by him. (6) Where a decision which takes effect in accordance with subsection (5) above is to the effect that at least some land is land which is required to be designated as a special site, the notice given under subsection (4)(b) above shall have effect, as from the time when the decision takes effect, as the designation of that land as such a site. (7) In this section “the relevant persons” has the same meaning as in section 78C above. (78E) (1) In any case where— (a) any land has been designated as a special site by virtue of section 78C(7) or 78D(6) above, or (b) a local authority has identified any contaminated land (other than a special site) in its area, the enforcing authority shall, in accordance with such procedure as may be prescribed and subject to the following provisions of this Part, serve on each person who is an appropriate person a notice (in this Part referred to as a “remediation notice”) specifying what that person is to do by way of remediation and the periods within which he is required to do each of the things so specified. (2) Different remediation notices requiring the doing of different things by way of remediation may be served on different persons in consequence of the presence of different substances in, on or under any land or waters. (3) Where two or more persons are appropriate persons in relation to any particular thing which is to be done by way of remediation, the remediation notice served on each of them shall state the proportion, determined under section 78F(7) below, of the cost of doing that thing which each of them respectively is liable to bear. (4) The only things by way of remediation which the enforcing authority may do, or require to be done, under or by virtue of this Part are things which it considers reasonable, having regard to— (a) the cost which is likely to be involved; and (b) the seriousness of the harm, or pollution of controlled waters, in question. (5) In determining for any purpose of this Part— (a) what is to be done (whether by an appropriate person, the enforcing authority or any other person) by way of remediation in any particular case, (b) the standard to which any land is, or waters are, to be remediated pursuant to the notice, or (c) what is, or is not, to be regarded as reasonable for the purposes of subsection (4) above, the enforcing authority shall have regard to any guidance issued for the purpose by the Secretary of State. (6) Regulations may make provision for or in connection with— (a) the form or content of remediation notices; or (b) any steps of a procedural nature which are to be taken in connection with, or in consequence of, the service of a remediation notice. (78F) (1) This section has effect for the purpose of determining who is the appropriate person to bear responsibility for any particular thing which the enforcing authority determines is to be done by way of remediation in any particular case. (2) Subject to the following provisions of this section, any person, or any of the persons, who caused or knowingly permitted the substances, or any of the substances, by reason of which the contaminated land in question is such land to be in, on or under that land is an appropriate person. (3) A person shall only be an appropriate person by virtue of subsection (2) above in relation to things which are to be done by way of remediation which are to any extent referable to substances which he caused or knowingly permitted to be present in, on or under the contaminated land in question. (4) If no person has, after reasonable inquiry, been found who is by virtue of subsection (2) above an appropriate person to bear responsibility for the things which are to be done by way of remediation, the owner or occupier for the time being of the contaminated land in question is an appropriate person. (5) If, in consequence of subsection (3) above, there are things which are to be done by way of remediation in relation to which no person has, after reasonable inquiry, been found who is an appropriate person by virtue of subsection (2) above, the owner or occupier for the time being of the contaminated land in question is an appropriate person in relation to those things. (6) Where two or more persons would, apart from this subsection, be appropriate persons in relation to any particular thing which is to be done by way of remediation, the enforcing authority shall determine in accordance with guidance issued for the purpose by the Secretary of State whether any, and if so which, of them is to be treated as not being an appropriate person in relation to that thing. (7) Where two or more persons are appropriate persons in relation to any particular thing which is to be done by way of remediation, they shall be liable to bear the cost of doing that thing in proportions determined by the enforcing authority in accordance with guidance issued for the purpose by the Secretary of State. (8) Any guidance issued for the purposes of subsection (6) or (7) above shall be issued in accordance with section 78YA below. (9) A person who has caused or knowingly permitted any substance (“substance A”) to be in, on or under any land shall also be taken for the purposes of this section to have caused or knowingly permitted there to be in, on or under that land any substance which is there as a result of a chemical reaction or biological process affecting substance A. (10) A thing which is to be done by way of remediation may be regarded for the purposes of this Part as referable to the presence of any substance notwithstanding that the thing in question would not have to be done— (a) in consequence only of the presence of that substance in any quantity; or (b) in consequence only of the quantity of that substance which any particular person caused or knowingly permitted to be present. (78G) (1) A remediation notice may require an appropriate person to do things by way of remediation, notwithstanding that he is not entitled to do those things. (2) Any person whose consent is required before any thing required by a remediation notice may be done shall grant, or join in granting, such rights in relation to any of the relevant land or waters as will enable the appropriate person to comply with any requirements imposed by the remediation notice. (3) Before serving a remediation notice, the enforcing authority shall reasonably endeavour to consult every person who appears to the authority— (a) to be the owner or occupier of any of the relevant land or waters, 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) Subsection (3) above shall not preclude the service of a remediation notice in any case where it appears to the enforcing authority that the contaminated land in question is in such a condition, by reason of substances in, on or under the land, that there is imminent danger of serious harm, or serious pollution of controlled waters, being caused. (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 appropriate person 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 above in relation to compensation under that section. (7) In this section, “relevant land or waters” means— (a) the contaminated land in question; (b) any controlled waters affected by that land; or (c) any land adjoining or adjacent to that land or those waters. (78H) (1) Before serving a remediation notice, the enforcing authority shall reasonably endeavour to consult— (a) the person on whom the notice is to be served, (b) the owner of any land to which the notice relates, (c) any person who appears to that authority to be in occupation of the whole or any part of the land, and (d) any person of such other description as may be prescribed, concerning what is to be done by way of remediation. (2) Regulations may make provision for, or in connection with, steps to be taken for the purposes of subsection (1) above. (3) No remediation notice shall be served on any person by reference to any contaminated land during any of the following periods, that is to say— (a) the period— (i) beginning with the identification of the contaminated land in question pursuant to section 78B(1) above, and (ii) ending with the expiration of the period of three months beginning with the day on which the notice required by subsection (3)(d) or, as the case may be, (4) of section 78B above is given to that person in respect of that land; (b) if a decision falling within paragraph (b) of section 78C(1) above is made in relation to the contaminated land in question, the period beginning with the making of the decision and ending with the expiration of the period of three months beginning with— (i) in a case where the decision is not referred to the Secretary of State under section 78D above, the day on which the notice required by section 78C(6) above is given, or (ii) in a case where the decision is referred to the Secretary of State under section 78D above, the day on which he gives the notice required by subsection (4)(b) of that section; (c) if the appropriate Agency gives a notice under subsection (4) of section 78C above to a local authority in relation to the contaminated land in question, the period beginning with the day on which that notice is given and ending with the expiration of the period of three months beginning with— (i) in a case where notice is given under subsection (6) of that section, the day on which that notice is given; (ii) in a case where the authority makes a decision falling within subsection (5)(b) of that section and the appropriate Agency fails to give notice under paragraph (b) of section 78D(1) above, the day following the expiration of the period of twenty-one days mentioned in that paragraph; or (iii) in a case where the authority makes a decision falling within section 78C(5)(b) above which is referred to the Secretary of State under section 78D above, the day on which the Secretary of State gives the notice required by subsection (4)(b) of that section. (4) Neither subsection (1) nor subsection (3) above shall preclude the service of a remediation notice in any case where it appears to the enforcing authority that the land in question is in such a condition, by reason of substances in, on or under the land, that there is imminent danger of serious harm, or serious pollution of controlled waters, being caused. (5) The enforcing authority shall not serve a remediation notice on a person if and so long as any one or more of the following conditions is for the time being satisfied in the particular case, that is to say— (a) the authority is satisfied, in consequence of section 78E(4) and (5) above, that there is nothing by way of remediation which could be specified in a remediation notice served on that person; (b) the authority is satisfied that appropriate things are being, or will be, done by way of remediation without the service of a remediation notice on that person; (c) it appears to the authority that the person on whom the notice would be served is the authority itself; or (d) the authority is satisfied that the powers conferred on it by section 78N below to do what is appropriate by way of remediation are exercisable. (6) Where the enforcing authority is precluded by virtue of section 78E(4) or (5) above from specifying in a remediation notice any particular thing by way of remediation which it would otherwise have specified in such a notice, the authority shall prepare and publish a document (in this Part referred to as a “remediation declaration”) which shall record— (a) the reasons why the authority would have specified that thing; and (b) the grounds on which the authority is satisfied that it is precluded from specifying that thing in such a notice. (7) In any case where the enforcing authority is precluded, by virtue of paragraph (b), (c) or (d) of subsection (5) above, from serving a remediation notice, the responsible person shall prepare and publish a document (in this Part referred to as a “remediation statement”) which shall record— (a) the things which are being, have been, or are expected to be, done by way of remediation in the particular case; (b) the name and address of the person who is doing, has done, or is expected to do, each of those things; and (c) the periods within which each of those things is being, or is expected to be, done. (8) For the purposes of subsection (7) above, the “responsible person” is— (a) in a case where the condition in paragraph (b) of subsection (5) above is satisfied, the person who is doing or has done, or who the enforcing authority is satisfied will do, the things there mentioned; or (b) in a case where the condition in paragraph (c) or (d) of that subsection is satisfied, the enforcing authority. (9) If a person who is required by virtue of subsection (8)(a) above to prepare and publish a remediation statement fails to do so within a reasonable time after the date on which a remediation notice specifying the things there mentioned could, apart from subsection (5) above, have been served, the enforcing authority may itself prepare and publish the statement and may recover its reasonable costs of doing so from that person. (10) Where the enforcing authority has been precluded by virtue only of subsection (5) above from serving a remediation notice on an appropriate person but— (a) none of the conditions in that subsection is for the time being satisfied in the particular case, and (b) the authority is not precluded by any other provision of this Part from serving a remediation notice on that appropriate person, the authority shall serve a remediation notice on that person; and any such notice may be so served without any further endeavours by the authority to consult persons pursuant to subsection (1) above, if and to the extent that that person has been consulted pursuant to that subsection concerning the things which will be specified in the notice. (78J) (1) This section applies where any land is contaminated land by virtue of paragraph (b) of subsection (2) of section 78A above (whether or not the land is also contaminated land by virtue of paragraph (a) of that subsection). (2) Where this section applies, no remediation notice given in consequence of the land in question being contaminated land shall require a person who is an appropriate person by virtue of section 78F(4) or (5) above to do anything by way of remediation to that or any other land, or any waters, which he could not have been required to do by such a notice had paragraph (b) of section 78A(2) above (and all other references to pollution of controlled waters) been omitted from this Part. (3) If, in a case where this section applies, a person permits, has permitted, or might permit, water from an abandoned mine or part of a mine— (a) to enter any controlled waters, or (b) to reach a place from which it is or, as the case may be, was likely, in the opinion of the enforcing authority, to enter such waters, no remediation notice shall require him in consequence to do anything by way of remediation (whether to the contaminated land in question or to any other land or waters) which he could not have been required to do by such a notice had paragraph (b) of section 78A(2) above (and all other references to pollution of controlled waters) been omitted from this Part. (4) Subsection (3) 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. (5) In determining for the purposes of subsection (4) above whether a mine or part of a mine became abandoned before, on or after 31st December 1999 in a case where the mine or part has become abandoned on two or more occasions, of which— (a) at least one falls on or before that date, and (b) at least one falls after that date, the mine or part shall be regarded as becoming abandoned after that date (but without prejudice to the operation of subsection (3) above in relation to that mine or part at, or in relation to, any time before the first of those occasions which falls after that date). (6) Where, immediately before a part of a mine becomes abandoned, that part is the only part of the mine not falling to be regarded as abandoned for the time being, the abandonment of that part shall not be regarded for the purposes of subsection (4) or (5) above as constituting the abandonment of the mine, but only of that part of it. (7) Nothing in subsection (2) or (3) above prevents the enforcing authority from doing anything by way of remediation under section 78N below which it could have done apart from that subsection, but the authority shall not be entitled under section 78P below to recover from any person any part of the cost incurred by the authority in doing by way of remediation anything which it is precluded by subsection (2) or (3) above from requiring that person to do. (8) In this section “mine” has the same meaning as in the Mines and Quarries Act 1954. (78K) (1) A person who has caused or knowingly permitted any substances to be in, on or under any land shall also be taken for the purposes of this Part to have caused or, as the case may be, knowingly permitted those substances to be in, on or under any other land to which they appear to have escaped. (2) Subsections (3) and (4) below apply in any case where it appears that any substances are or have been in, on or under any land (in this section referred to as “land A”) as a result of their escape, whether directly or indirectly, from other land in, on or under which a person caused or knowingly permitted them to be. (3) Where this subsection applies, no remediation notice shall require a person— (a) who is the owner or occupier of land A, and (b) who has not caused or knowingly permitted the substances in question to be in, on or under that land, to do anything by way of remediation to any land or waters (other than land or waters of which he is the owner or occupier) in consequence of land A appearing to be in such a condition, by reason of the presence of those substances in, on or under it, that significant harm is being caused, or there is a significant possibility of such harm being caused, or that pollution of controlled waters is being, or is likely to be caused. (4) Where this subsection applies, no remediation notice shall require a person— (a) who is the owner or occupier of land A, and (b) who has not caused or knowingly permitted the substances in question to be in, on or under that land, to do anything by way of remediation in consequence of any further land in, on or under which those substances or any of them appear to be or to have been present as a result of their escape from land A (“land B”) appearing to be in such a condition, by reason of the presence of those substances in, on or under it, that significant harm is being caused, or there is a significant possibility of such harm being caused, or that pollution of controlled waters is being, or is likely to be caused, unless he is also the owner or occupier of land B. (5) In any case where— (a) a person (“person A”) has caused or knowingly permitted any substances to be in, on, or under any land, (b) another person (“person B”) who has not caused or knowingly permitted those substances to be in, on or under that land becomes the owner or occupier of that land, and (c) the substances, or any of the substances, mentioned in paragraph (a) above appear to have escaped to other land, no remediation notice shall require person B to do anything by way of remediation to that other land in consequence of the apparent acts or omissions of person A, except to the extent that person B caused or knowingly permitted the escape. (6) Nothing in subsection (3), (4) or (5) above prevents the enforcing authority from doing anything by way of remediation under section 78N below which it could have done apart from that subsection, but the authority shall not be entitled under section 78P below to recover from any person any part of the cost incurred by the authority in doing by way of remediation anything which it is precluded by subsection (3), (4) or (5) above from requiring that person to do. (7) In this section, “appear” means appear to the enforcing authority, and cognate expressions shall be construed accordingly. (78L) (1) A person on whom a remediation 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— (a) if it was served by a local authority, to a magistrates’ court or, in Scotland, to the sheriff by way of summary application; or (b) if it was served by the appropriate Agency, to the Secretary of State; and in the following provisions of this section “the appellate authority” means the magistrates’ court, the sheriff or the Secretary of State, as the case may be. (2) On any appeal under subsection (1) above the appellate authority— (a) shall quash the notice, if it is satisfied that there is a material defect in the notice; but (b) subject to that, may confirm the remediation notice, with or without modification, or quash it. (3) Where an appellate authority confirms a remediation notice, with or without modification, it may extend the period specified in the notice for doing what the notice requires to be done. (4) Regulations may make provision with respect to— (a) the grounds on which appeals under subsection (1) above may be made; (b) the cases in which, grounds on which, court or tribunal to which, or person at whose instance, an appeal against a decision of a magistrates’ court or sheriff court in pursuance of an appeal under subsection (1) above shall lie; or (c) the procedure on an appeal under subsection (1) above or on an appeal by virtue of paragraph (b) above. (5) Regulations under subsection (4) 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 remediation 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 remediation notice against which he is appealing; (d) prescribe the cases in which the appellant may claim that a remediation 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; and (iii) the abandonment of an appeal; (f) make different provision for different cases or classes of case. (6) This section, so far as relating to appeals to the Secretary of State, is subject to section 114 of the Environment Act 1995 (delegation or reference of appeals etc). (78M) (1) If a person on whom an enforcing authority serves a remediation notice fails, without reasonable excuse, to comply with any of the requirements of the notice, he shall be guilty of an offence. (2) Where the remediation notice in question is one which was required by section 78E(3) above to state, in relation to the requirement which has not been complied with, the proportion of the cost involved which the person charged with the offence is liable to bear, it shall be a defence for that person to prove that the only reason why he has not complied with the requirement is that one or more of the other persons who are liable to bear a proportion of that cost refused, or was not able, to comply with the requirement. (3) Except in a case falling within subsection (4) below, a person who commits an offence under subsection (1) above shall be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale and to a further fine of an amount equal to one-tenth of level 5 on the standard scale for each day on which the failure continues after conviction of the offence and before the enforcing authority has begun to exercise its powers by virtue of section 78N(3)(c) below. (4) A person who commits an offence under subsection (1) above in a case where the contaminated land to which the remediation notice relates is industrial, trade or business premises shall be liable on summary conviction to a fine not exceeding £20,000 or such greater sum as the Secretary of State may from time to time by order substitute and to a further fine of an amount equal to one-tenth of that sum for each day on which the failure continues after conviction of the offence and before the enforcing authority has begun to exercise its powers by virtue of section 78N(3)(c) below. (5) If the enforcing authority is of the opinion that proceedings for an offence under this section would afford an ineffectual remedy against a person who has failed to comply with any of the requirements of a remediation notice which that authority has served on him, that authority may take proceedings in the High Court or, in Scotland, in any court of competent jurisdiction, for the purpose of securing compliance with the remediation notice. (6) In this section, “industrial, trade or business premises” means premises used for any industrial, trade or business purposes or premises not so used on which matter is burnt in connection with any industrial, trade or business process, and premises are used for industrial purposes where they are used for the purposes of any treatment or process as well as where they are used for the purpose of manufacturing. (7) No order shall be made under subsection (4) above unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament. (78N) (1) Where this section applies, the enforcing authority shall itself have power, in a case falling within paragraph (a) or (b) of section 78E(1) above, to do what is appropriate by way of remediation to the relevant land or waters. (2) Subsection (1) above shall not confer power on the enforcing authority to do anything by way of remediation if the authority would, in the particular case, be precluded by section 78YB below from serving a remediation notice requiring that thing to be done. (3) This section applies in each of the following cases, that is to say— (a) where the enforcing authority considers it necessary to do anything itself by way of remediation for the purpose of preventing the occurrence of any serious harm, or serious pollution of controlled waters, of which there is imminent danger; (b) where an appropriate person has entered into a written agreement with the enforcing authority for that authority to do, at the cost of that person, that which he would otherwise be required to do under this Part by way of remediation; (c) where a person on whom the enforcing authority serves a remediation notice fails to comply with any of the requirements of the notice; (d) where the enforcing authority is precluded by section 78J or 78K above from including something by way of remediation in a remediation notice; (e) where the enforcing authority considers that, were it to do some particular thing by way of remediation, it would decide, by virtue of subsection (2) of section 78P below or any guidance issued under that subsection,— (i) not to seek to recover under subsection (1) of that section any of the reasonable cost incurred by it in doing that thing; or (ii) to seek so to recover only a portion of that cost; (f) where no person has, after reasonable inquiry, been found who is an appropriate person in relation to any particular thing. (4) Subject to section 78E(4) and (5) above, for the purposes of this section, the things which it is appropriate for the enforcing authority to do by way of remediation are— (a) in a case falling within paragraph (a) of subsection (3) above, anything by way of remediation which the enforcing authority considers necessary for the purpose mentioned in that paragraph; (b) in a case falling within paragraph (b) of that subsection, anything specified in, or determined under, the agreement mentioned in that paragraph; (c) in a case falling within paragraph (c) of that subsection, anything which the person mentioned in that paragraph was required to do by virtue of the remediation notice; (d) in a case falling within paragraph (d) of that subsection, anything by way of remediation which the enforcing authority is precluded by section 78J or 78K above from including in a remediation notice; (e) in a case falling within paragraph (e) or (f) of that subsection, the particular thing mentioned in the paragraph in question. (5) In this section “the relevant land or waters” means— (a) the contaminated land in question; (b) any controlled waters affected by that land; or (c) any land adjoining or adjacent to that land or those waters. (78P) (1) Where, by virtue of section 78N(3)(a), (c), (e) or (f) above, the enforcing authority does any particular thing by way of remediation, it shall be entitled, subject to sections 78J(7) and 78K(6) above, to recover the reasonable cost incurred in doing it from the appropriate person or, if there are two or more appropriate persons in relation to the thing in question, from those persons in proportions determined pursuant to section 78F(7) above. (2) In deciding whether to recover the cost, and, if so, how much of the cost, which it is entitled to recover under subsection (1) above, the enforcing authority shall have regard— (a) to any hardship which the recovery may cause to the person from whom the cost is recoverable; and (b) to any guidance issued by the Secretary of State for the purposes of this subsection. (3) Subsection (4) below shall apply in any case where— (a) any cost is recoverable under subsection (1) above from a person— (i) who is the owner of any premises which consist of or include the contaminated land in question; and (ii) who caused or knowingly permitted the substances, or any of the substances, by reason of which the land is contaminated land to be in, on or under the land; and (b) the enforcing authority serves a notice under this subsection (in this Part referred to as a “charging notice”) on that person. (4) Where this subsection applies— (a) the cost shall carry interest, at such reasonable rate as the enforcing authority may determine, from the date of service of the notice until the whole amount is paid; and (b) subject to the following provisions of this section, the cost and accrued interest shall be a charge on the premises mentioned in subsection (3)(a)(i) above. (5) A charging notice shall— (a) specify the amount of the cost which the enforcing authority claims is recoverable; (b) state the effect of subsection (4) above and the rate of interest determined by the authority under that subsection; and (c) state the effect of subsections (7) and (8) below. (6) On the date on which an enforcing authority serves a charging notice on a person, the authority shall also serve a copy of the notice on every other person who, to the knowledge of the authority, has an interest in the premises capable of being affected by the charge. (7) Subject to any order under subsection (9)(b) or (c) below, the amount of any cost specified in a charging notice and the accrued interest shall be a charge on the premises— (a) as from the end of the period of twenty-one days beginning with the service of the charging notice, or (b) where an appeal is brought under subsection (8) below, as from the final determination or (as the case may be) the withdrawal, of the appeal, until the cost and interest are recovered. (8) A person served with a charging notice or a copy of a charging notice may appeal against the notice to a county court within the period of twenty-one days beginning with the date of service. (9) On an appeal under subsection (8) above, the court may— (a) confirm the notice without modification; (b) order that the notice is to have effect with the substitution of a different amount for the amount originally specified in it; or (c) order that the notice is to be of no effect. (10) Regulations may 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. (11) An enforcing authority shall, for the purpose of enforcing a charge under this section, have all the same powers and remedies under the Law of Property Act 1925, and otherwise, as if it were a mortgagee by deed having powers of sale and lease, of accepting surrenders of leases and of appointing a receiver. (12) Where any cost is a charge on premises under this section, the enforcing authority may by order declare the cost to be payable with interest by instalments within the specified period until the whole amount is paid. (13) In subsection (12) above— - “interest” means interest at the rate determined by the enforcing authority under subsection (4) above; and - “the specified period” means such period of thirty years or less from the date of service of the charging notice as is specified in the order. (14) Subsections (3) to (13) above do not extend to Scotland. (78Q) (1) If, in a case where a local authority has served a remediation notice, the contaminated land in question becomes a special site, the appropriate Agency may adopt the remediation notice and, if it does so,— (a) it shall give notice of its decision to adopt the remediation notice to the appropriate person and to the local authority; (b) the remediation notice shall have effect, as from the time at which the appropriate Agency decides to adopt it, as a remediation notice given by that Agency; and (c) the validity of the remediation notice shall not be affected by— (i) the contaminated land having become a special site; (ii) the adoption of the remediation notice by the appropriate Agency; or (iii) anything in paragraph (b) above. (2) Where a local authority has, by virtue of section 78N above, begun to do any thing, or any series of things, by way of remediation— (a) the authority may continue doing that thing, or that series of things, by virtue of that section, notwithstanding that the contaminated land in question becomes a special site; and (b) section 78P above shall apply in relation to the reasonable cost incurred by the authority in doing that thing or those things as if that authority were the enforcing authority. (3) If and so long as any land is a special site, the appropriate Agency may from time to time inspect that land for the purpose of keeping its condition under review. (4) If it appears to the appropriate Agency that a special site is no longer land which is required to be designated as such a site, the appropriate Agency may give notice— (a) to the Secretary of State, and (b) to the local authority in whose area the site is situated, terminating the designation of the land in question as a special site as from such date as may be specified in the notice. (5) A notice under subsection (4) above shall not prevent the land, or any of the land, to which the notice relates being designated as a special site on a subsequent occasion. (6) In exercising its functions under subsection (3) or (4) above, the appropriate Agency shall act in accordance with any guidance given for the purpose by the Secretary of State. (78R) (1) Every enforcing authority shall maintain a register containing prescribed particulars of or relating to— (a) remediation notices served by that authority; (b) appeals against any such remediation notices; (c) remediation statements or remediation declarations prepared and published under section 78H above; (d) in relation to an enforcing authority in England and Wales, appeals against charging notices served by that authority; (e) notices under subsection (1)(b) or (5)(a) of section 78C above which have effect by virtue of subsection (7) of that section as the designation of any land as a special site; (f) notices under subsection (4)(b) of section 78D above which have effect by virtue of subsection (6) of that section as the designation of any land as a special site; (g) notices given by or to the enforcing authority under section 78Q(4) above terminating the designation of any land as a special site; (h) notifications given to that authority by persons— (i) on whom a remediation notice has been served, or (ii) who are or were required by virtue of section 78H(8)(a) above to prepare and publish a remediation statement, of what they claim has been done by them by way of remediation; (j) notifications given to that authority by owners or occupiers of land— (i) in respect of which a remediation notice has been served, or (ii) in respect of which a remediation statement has been prepared and published, of what they claim has been done on the land in question by way of remediation; (k) convictions for such offences under section 78M above as may be prescribed; (l) such other matters relating to contaminated land as may be prescribed; but that duty is subject to sections 78S and 78T below. (2) The form of, and the descriptions of information to be contained in, notifications for the purposes of subsection (1)(h) or (j) above may be prescribed by the Secretary of State. (3) No entry made in a register by virtue of subsection (1)(h) or (j) above constitutes a representation by the body maintaining the register or, in a case where the entry is made by virtue of subsection (6) below, the authority which sent the copy of the particulars in question pursuant to subsection (4) or (5) below— (a) that what is stated in the entry to have been done has in fact been done; or (b) as to the manner in which it has been done. (4) Where any particulars are entered on a register maintained under this section by the appropriate Agency, the appropriate Agency shall send a copy of those particulars to the local authority in whose area is situated the land to which the particulars relate. (5) In any case where— (a) any land is treated by virtue of section 78X(2) below as situated in the area of a local authority other than the local authority in whose area it is in fact situated, and (b) any particulars relating to that land are entered on the register maintained under this section by the local authority in whose area the land is so treated as situated, that authority shall send a copy of those particulars to the local authority in whose area the land is in fact situated. (6) Where a local authority receives a copy of any particulars sent to it pursuant to subsection (4) or (5) above, it shall enter those particulars on the register maintained by it under this section. (7) Where information of any description is excluded by virtue of section 78T below from any register maintained under this section, a statement shall be entered in the register indicating the existence of information of that description. (8) It shall be the duty of each enforcing authority— (a) to secure that the registers maintained by it under this section are available, at all reasonable times, for inspection by the public free of charge; and (b) to afford to members of the public facilities for obtaining copies of entries, on payment of reasonable charges; and, for the purposes of this subsection, places may be prescribed by the Secretary of State at which any such registers or facilities as are mentioned in paragraph (a) or (b) above are to be available or afforded to the public in pursuance of the paragraph in question. (9) Registers under this section may be kept in any form. (78S) (1) No information shall be included in a register maintained under section 78R above if and so long as, in the opinion of the Secretary of State, the inclusion in the 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 purpose of securing the exclusion from registers of information to which subsection (1) above applies, give to enforcing authorities 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 referred to the Secretary of State in pursuance of paragraph (b) above shall be included in any such register until the Secretary of State determines that it should be so included. (3) The enforcing authority shall notify the Secretary of State of any information which it excludes from the register in pursuance of directions under subsection (2) above. (4) A person may, as respects any information which appears to him to be information to which subsection (1) above 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 the enforcing authority 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. (78T) (1) No information relating to the affairs of any individual or business shall be included in a register maintained under section 78R above, without the consent of that individual or the person for the time being carrying on that business, 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) below; but information is not commercially confidential for the purposes of this section unless it is determined under this section to be so by the enforcing authority or, on appeal, by the Secretary of State. (2) Where it appears to an enforcing authority that any information which has been obtained by the authority under or by virtue of any provision of this Part might be commercially confidential, the authority shall— (a) give to the person to whom or whose business it relates notice that that information is required to be included in the register 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 the authority for the purpose of justifying any such objection; and, if any representations are made, the enforcing authority shall, having taken the representations into account, determine whether the information is or is not commercially confidential. (3) Where, under subsection (2) above, an authority determines that information is not commercially confidential— (a) the information shall not be entered in 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; (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 in the register until the end of the period of seven days following the day on which the appeal is finally determined or withdrawn. (4) An appeal under subsection (3) above shall, if either party to the appeal so requests or the Secretary of State so decides, take or continue in the form of a hearing (which must be held in private). (5) Subsection (10) of section 15 above shall apply in relation to an appeal under subsection (3) above as it applies in relation to an appeal under that section. (6) Subsection (3) above is subject to section 114 of the Environment Act 1995 (delegation or reference of appeals etc). (7) The Secretary of State may give to the enforcing authorities directions as to specified information, or descriptions of information, which the public interest requires to be included in registers maintained under section 78R above 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 the authority for the information to remain excluded from the register on the ground that it is still commercially confidential and the authority shall determine whether or not that is the case. (9) Subsections (3) to (6) above shall apply in relation to a determination under subsection (8) above as they apply in relation to a determination under subsection (2) above. (10) 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 the register would prejudice to an unreasonable degree the commercial interests of that individual or person. (11) For the purposes of subsection (10) above, there shall be disregarded any prejudice to the commercial interests of any individual or person so far as relating only to the value of the contaminated land in question or otherwise to the ownership or occupation of that land. (78U) (1) The appropriate Agency shall— (a) from time to time, or (b) if the Secretary of State at any time so requests, prepare and publish a report on the state of contaminated land in England and Wales or in Scotland, as the case may be. (2) A local authority shall, at the written request of the appropriate Agency, furnish the appropriate Agency with such information to which this subsection applies as the appropriate Agency may require for the purpose of enabling it to perform its functions under subsection (1) above. (3) The information to which subsection (2) above applies is such information as the local authority may have, or may reasonably be expected to obtain, with respect to the condition of contaminated land in its area, being information which the authority has acquired or may acquire in the exercise of its functions under this Part. (78V) (1) The appropriate Agency may issue guidance to any local authority with respect to the exercise or performance of the authority’s powers or duties under this Part in relation to any particular contaminated land; and in exercising or performing those powers or duties in relation to that land the authority shall have regard to any such guidance so issued. (2) If and to the extent that any guidance issued under subsection (1) above to a local authority is inconsistent with any guidance issued under this Part by the Secretary of State, the local authority shall disregard the guidance under that subsection. (3) A local authority shall, at the written request of the appropriate Agency, furnish the appropriate Agency with such information to which this subsection applies as the appropriate Agency may require for the purpose of enabling it to issue guidance for the purposes of subsection (1) above. (4) The information to which subsection (3) above applies is such information as the local authority may have, or may reasonably be expected to obtain, with respect to any contaminated land in its area, being information which the authority has acquired, or may acquire, in the exercise of its functions under this Part. (78W) (1) The Secretary of State may issue guidance to the appropriate Agency with respect to the exercise or performance of that Agency’s powers or duties under this Part; and in exercising or performing those powers or duties the appropriate Agency shall have regard to any such guidance so issued. (2) The duty imposed on the appropriate Agency by subsection (1) above is without prejudice to any duty imposed by any other provision of this Part on that Agency to act in accordance with guidance issued by the Secretary of State. (78X) (1) Where it appears to a local authority that two or more different sites, when considered together, are in such a condition, by reason of substances in, on or under the land, that— (a) significant harm is being caused or there is a significant possibility of such harm being caused, or (b) pollution of controlled waters is being, or is likely to be, caused, this Part shall apply in relation to each of those sites, whether or not the condition of the land at any of them, when considered alone, appears to the authority to be such that significant harm is being caused, or there is a significant possibility of such harm being caused, or that pollution of controlled waters is being or is likely to be caused. (2) Where it appears to a local authority that any land outside, but adjoining or adjacent to, its area is in such a condition, by reason of substances in, on or under the land, that significant harm is being caused, or there is a significant possibility of such harm being caused, or that pollution of controlled waters is being, or is likely to be, caused within its area— (a) the authority may, in exercising its functions under this Part, treat that land as if it were land situated within its area; and (b) except in this subsection, any reference— (i) to land within the area of a local authority, or (ii) to the local authority in whose area any land is situated, shall be construed accordingly; but this subsection is without prejudice to the functions of the local authority in whose area the land is in fact situated. (3) A person acting in a relevant capacity— (a) shall not thereby be personally liable, under this Part, to bear the whole or any part of the cost of doing any thing by way of remediation, unless that thing is to any extent referable to substances whose presence in, on or under the contaminated land in question is a result of any act done or omission made by him which it was unreasonable for a person acting in that capacity to do or make; and (b) shall not thereby be guilty of an offence under or by virtue of section 78M above unless the requirement which has not been complied with is a requirement to do some particular thing for which he is personally liable to bear the whole or any part of the cost. (4) In subsection (3) above, “person acting in a relevant capacity” means— (a) a person acting as an insolvency practitioner, within the meaning of section 388 of the Insolvency Act 1986 (including that section as it applies in relation to an insolvent partnership by virtue of any order made under section 421 of that Act); (b) the official receiver acting in a capacity in which he would be regarded as acting as an insolvency practitioner within the meaning of section 388 of the Insolvency Act 1986 if subsection (5) of that section were disregarded; (c) the official receiver acting as receiver or manager; (d) a person acting as a special manager under section 177 or 370 of the Insolvency Act 1986; (e) the Accountant in Bankruptcy acting as permanent or interim trustee in a sequestration (within the meaning of the Bankruptcy (Scotland) Act 1985); (f) a person acting as a receiver or receiver and manager— (i) under or by virtue of any enactment; or (ii) by virtue of his appointment as such by an order of a court or by any other instrument. (5) Regulations may make different provision for different cases or circumstances. (78Y) (1) Subject to the provisions of any order under this section, this Part shall not apply in relation to the Isles of Scilly. (2) The Secretary of State may, after consultation with the Council of the Isles of Scilly, by order provide for the application of any provisions of this Part to the Isles of Scilly; and any such order may provide for the application of those provisions to those Isles with such modifications as may be specified in the order. (3) An order under this section may— (a) make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and (b) contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate, including provision saving provision repealed by or under any enactment. (78YA) (1) Any power of the Secretary of State to issue guidance under this Part shall only be exercisable after consultation with the appropriate Agency and such other bodies or persons as he may consider it appropriate to consult in relation to the guidance in question. (2) A draft of any guidance proposed to be issued under section 78A(2) or (5), 78B(2) or 78F(6) or (7) above shall be laid before each House of Parliament and the guidance shall not be issued until after the period of 40 days beginning with the day on which the draft was so laid or, if the draft is laid on different days, the later of the two days. (3) If, within the period mentioned in subsection (2) above, either House resolves that the guidance, the draft of which was laid before it, should not be issued, the Secretary of State shall not issue that guidance. (4) In reckoning any period of 40 days for the purposes of subsection (2) or (3) above, no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days. (5) The Secretary of State shall arrange for any guidance issued by him under this Part to be published in such manner as he considers appropriate. (78YB) (1) A remediation notice shall not be served if and to the extent that it appears to the enforcing authority that the powers of the appropriate Agency under section 27 above may be exercised in relation to— (a) the significant harm (if any), and (b) the pollution of controlled waters (if any), by reason of which the contaminated land in question is such land. (2) Nothing in this Part shall apply in relation to any land in respect of which there is for the time being in force a site licence under Part II above, except to the extent that any significant harm, or pollution of controlled waters, by reason of which that land would otherwise fall to be regarded as contaminated land is attributable to causes other than— (a) breach of the conditions of the licence; or (b) the carrying on, in accordance with the conditions of the licence, of any activity authorised by the licence. (3) If, in a case falling within subsection (1) or (7) of section 59 above, the land in question is contaminated land, or becomes such land by reason of the deposit of the controlled waste in question, a remediation notice shall not be served in respect of that land by reason of that waste or any consequences of its deposit, if and to the extent that it appears to the enforcing authority that the powers of a waste regulation authority or waste collection authority under that section may be exercised in relation to that waste or the consequences of its deposit. (4) No remediation notice shall require a person to do anything the effect of which would be to impede or prevent the making of a discharge in pursuance of a consent given under Chapter II of Part III of the Water Resources Act 1991 (pollution offences) or, in relation to Scotland, in pursuance of a consent given under Part II of the Control of Pollution Act 1974. (78YC) Except as provided by regulations, nothing in this Part applies in relation to harm, or pollution of controlled waters, so far as attributable to any radioactivity possessed by any substance; but regulations may— (a) provide for prescribed provisions of this Part to have effect with such modifications as the Secretary of State considers appropriate for the purpose of dealing with harm, or pollution of controlled waters, so far as attributable to any radioactivity possessed by any substances; or (b) make such modifications of the Radioactive Substances Act 1993 or any other Act as the Secretary of State considers appropriate.

Abandoned mines: England and Wales.

58

After Chapter II of Part III of the Water Resources Act 1991 (pollution offences) there shall be inserted—

(91A) (1) For the purposes of this Chapter, “abandonment”, in relation to a mine,— (a) subject to paragraph (b) below, includes— (i) the discontinuance of any or all of the operations for the removal of water from the mine; (ii) the cessation of working of any relevant seam, vein or vein-system; (iii) the cessation of use of any shaft or outlet of the mine; (iv) in the case of a mine in which activities other than mining activities are carried on (whether or not mining activities are also carried on in the mine)— (A) the discontinuance of some or all of those other activities in the mine; and (B) any substantial change in the operations for the removal of water from the mine; but (b) does not include— (i) any disclaimer under section 178 or 315 of the Insolvency Act 1986 (power of liquidator, or trustee of a bankrupt’s estate, to disclaim onerous property) by the official receiver acting in a compulsory capacity; or (ii) the abandonment of any rights, interests or liabilities by the Accountant in Bankruptcy acting as permanent or interim trustee in a sequestration (within the meaning of the Bankruptcy (Scotland) Act 1985); and cognate expressions shall be construed accordingly. (2) In this Chapter, except where the context otherwise requires— - “the 1954 Act” means the Mines and Quarries Act 1954; - “acting in a compulsory capacity”, in the case of the official receiver, means acting as— 1. liquidator of a company; 2. receiver or manager of a bankrupt’s estate, pursuant to section 287 of the Insolvency Act 1986; 3. trustee of a bankrupt’s estate; 4. liquidator of an insolvent partnership; 5. trustee of an insolvent partnership; 6. trustee, or receiver or manager, of the insolvent estate of a deceased person; - “mine” has the same meaning as in the 1954 Act; - “the official receiver” has the same meaning as it has in the Insolvency Act 1986 by virtue of section 399(1) of that Act; - “prescribed” means prescribed in regulations; - “regulations” means regulations made by the Secretary of State; - “relevant seam, vein or vein-system”, in the case of any mine, means any seam, vein or vein-system for the purpose of, or in connection with, whose working any excavation constituting or comprised in the mine was made. (91B) (1) If, in the case of any mine, there is to be an abandonment at any time after the expiration of the initial period, it shall be the duty of the operator of the mine to give notice of the proposed abandonment to the Agency at least six months before the abandonment takes effect. (2) A notice under subsection (1) above shall contain such information (if any) as is prescribed for the purpose, which may include information about the operator’s opinion as to any consequences of the abandonment. (3) A person who fails to give the notice required by subsection (1) above shall be guilty of an offence and liable— (a) on summary conviction, to a fine not exceeding the statutory maximum; (b) on conviction on indictment, to a fine. (4) A person shall not be guilty of an offence under subsection (3) above if— (a) the abandonment happens in an emergency in order to avoid danger to life or health; and (b) notice of the abandonment, containing such information as may be prescribed, is given as soon as reasonably practicable after the abandonment has happened. (5) Where the operator of a mine is— (a) the official receiver acting in a compulsory capacity, or (b) the Accountant in Bankruptcy acting as permanent or interim trustee in a sequestration (within the meaning of the Bankruptcy (Scotland) Act 1985), he shall not be guilty of an offence under subsection (3) above by reason of any failure to give the notice required by subsection (1) above if, as soon as reasonably practicable (whether before or after the abandonment), he gives to the Agency notice of the abandonment or proposed abandonment, containing such information as may be prescribed. (6) Where a person gives notice under subsection (1), (4)(b) or (5) above, he shall publish prescribed particulars of, or relating to, the notice in one or more local newspapers circulating in the locality where the mine is situated. (7) Where the Agency— (a) receives notice under this section or otherwise learns of an abandonment or proposed abandonment in the case of any mine, and (b) considers that, in consequence of the abandonment or proposed abandonment taking effect, any land has or is likely to become contaminated land, within the meaning of Part IIA of the Environmental Protection Act 1990, it shall be the duty of the Agency to inform the local authority in whose area that land is situated of the abandonment or proposed abandonment. (8) In this section— - “the initial period” means the period of six months beginning with the day on which subsection (1) above comes into force; - “local authority” means— 1. any unitary authority; 2. any district council, so far as it is not a unitary authority; 3. the Common Council of the City of London and, as respects the Temples, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple respectively; - “unitary authority” means— 1. the council of a county, so far as it is the council of an area for which there are no district councils; 2. the council of any district comprised in an area for which there is no county council; 3. the council of a London borough; 4. the council of a county borough in Wales.

Abandoned mines: Scotland.

59

After Part I of the Control of Pollution Act 1974 (waste on land) there shall be inserted—

(30Y) (1) For the purposes of this Part, “abandonment”, in relation to a mine,— (a) subject to paragraph (b) below, includes— (i) the discontinuance of any or all of the operations for the removal of water from the mine; (ii) the cessation of working of any relevant seam, vein or vein-system; (iii) the cessation of use of any shaft or outlet of the mine; (iv) in the case of a mine in which activities other than mining activities are carried on (whether or not mining activities are also carried on in the mine)— (A) the discontinuance of some or all of those other activities in the mine; and (B) any substantial change in the operations for the removal of water from the mine; but (b) does not include— (i) the abandonment of any rights, interests or liabilities by the Accountant in Bankruptcy acting as permanent or interim trustee in a sequestration (within the meaning of the Bankruptcy (Scotland) Act 1985); or (ii) any disclaimer under section 178 or 315 of the Insolvency Act 1986 (power of liquidator, or trustee of bankrupt’s estate, to disclaim onerous property) by the official receiver acting in a compulsory capacity; and cognate expressions shall be construed accordingly. (2) In this Part, except where the context otherwise requires— - “acting in a compulsory capacity”, in the case of the official receiver, means acting as— 1. liquidator of a company; 2. receiver or manager of a bankrupt’s estate, pursuant to section 287 of the Insolvency Act 1986; 3. trustee of a bankrupt’s estate; 4. liquidator of an insolvent partnership; 5. trustee of an insolvent partnership; 6. trustee, or receiver or manager, of the insolvent estate of a deceased person; - “the official receiver” has the same meaning as it has in the Insolvency Act 1986 by virtue of section 399(1) of that Act; - “relevant seam, vein or vein-system”, in the case of any mine, means any seam, vein or vein-system for the purpose of, or in connection with, whose working any excavation constituting or comprised in the mine was made. (3) This Part extends only to Scotland. (30Z) (1) If, in the case of any mine, there is to be an abandonment at any time after the expiration of the initial period, it shall be the duty of the operator of the mine to give notice of the proposed abandonment to SEPA at least six months before the abandonment takes effect. (2) A notice under subsection (1) above shall contain such information (if any) as is prescribed for the purpose, which may include information about the operator’s opinion as to any consequences of the abandonment. (3) A person who fails to give the notice required by subsection (1) above shall be guilty of an offence and liable— (a) on summary conviction, to a fine not exceeding the statutory maximum; (b) on conviction on indictment, to a fine. (4) A person shall not be guilty of an offence under subsection (3) above if— (a) the abandonment happens in an emergency in order to avoid danger to life or health; and (b) notice of the abandonment, containing such information as may be prescribed, is given as soon as reasonably practicable after the abandonment has happened. (5) Where the operator of a mine is— (a) the Accountant in Bankruptcy acting as permanent or interim trustee in a sequestration (within the meaning of the Bankruptcy (Scotland) Act 1985); or (b) the official receiver acting in a compulsory capacity, he shall not be guilty of an offence under subsection (3) above by reason of any failure to give the notice required by subsection (1) above if, as soon as is reasonably practicable (whether before or after the abandonment), he gives to SEPA notice of the abandonment or proposed abandonment, containing such information as may be prescribed. (6) Where a person gives notice under subsection (1), (4)(b) or (5) above, he shall publish prescribed particulars of, or relating to, the notice in one or more local newspapers circulating in the locality where the mine is situated. (7) Where SEPA— (a) receives notice under this section or otherwise learns of an abandonment or proposed abandonment in the case of any mine, and (b) considers that, in consequence of the abandonment or proposed abandonment taking effect, any land has or is likely to become contaminated land, within the meaning of Part IIA of the Environmental Protection Act 1990, it shall be the duty of SEPA to inform the local authority in whose area that land is situated of the abandonment or proposed abandonment. (8) In this section— - “the initial period” means the period of six months beginning with the day on which subsection (1) above comes into force; - “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

Amendments to sections 89 and 161 of the Water Resources Act 1991.

60

(4A) Subsection (4) 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. (4B) Subsections (3B) and (3C) of section 89 above shall apply in relation to subsections (4) and (4A) above as they apply in relation to subsections (3) and (3A) of that section.

“expenses” includes costs;

.

Part III — National Parks

Purposes of National Parks

Purposes of National Parks.

61

(1) The provisions of this Part of this Act shall have effect for the purpose— (a) of conserving and enhancing the natural beauty, wildlife and cultural heritage of the areas specified in the next following subsection; and (b) of promoting opportunities for the understanding and enjoyment of the special qualities of those areas by the public.

shall have effect in accordance with subsection (4) below.

Duty of certain bodies and persons to have regard to the purposes for which National Parks are designated.

62

(11A) (1) A National Park authority, in pursuing in relation to the National Park the purposes specified in subsection (1) of section five of this Act, shall seek to foster the economic and social well-being of local communities within the National Park, but without incurring significant expenditure in doing so, and shall for that purpose co-operate with local authorities and public bodies whose functions include the promotion of economic or social development within the area of the National Park. (2) In exercising or performing any functions in relation to, or so as to affect, land in a National Park, any relevant authority shall have regard to the purposes specified in subsection (1) of section five of this Act and, if it appears that there is a conflict between those purposes, shall attach greater weight to the purpose of conserving and enhancing the natural beauty, wildlife and cultural heritage of the area comprised in the National Park. (3) For the purposes of this section “relevant authority” means— (a) any Minister of the Crown, (b) any public body, (c) any statutory undertaker, or (d) any person holding public office. (4) In subsection (3) of this section— - “public body” includes— 1. any local authority, joint board or joint committee; 2. any National Park authority; - “public office” means— 1. an office under Her Majesty; 2. an office created or continued in existence by a public general Act of Parliament; or 3. an office the remuneration in respect of which is paid out of money provided by Parliament. (5) In subsection (4) of this section, “joint board” and “joint committee” mean— (a) a joint or special planning board for a National Park reconstituted by order under paragraph 1 or 3 of Schedule 17 to the Local Government Act 1972, or a joint planning board within the Emeaning of section 2 of the Town and Country Planning Act 1990; (b) a joint committee appointed under section 102(1)(b) of the Local Government Act 1972. (6) In this section, “local authority”— (a) in relation to England, means a county council, district council or parish council; (b) in relation to Wales, means a county council, county borough council, district council or community council.

Establishment of National Park authorities

Establishment of National Park authorities.

63

by order establish an authority (to be known as “a National Park authority”) to carry out in relation to that Park the functions conferred on such an authority by or under this Part.

National Park authorities in Wales.

64

Functions of National Park authorities

General purposes and powers.

65

Paragraph (b) is subject to subsection (6A).

but the things that may be done in exercise of those powers shall not be treated as excluding anything by reason only that it involves the expenditure, borrowing or lending of money or the acquisition or disposal of any property or rights.

English National Park authorities: general powers

65A

Boundaries of powers under section 65A

65B

Power to make provision supplemental to section 65A

65C

as the Secretary of State considers appropriate.

Procedure etc for regulations under section 65C

65D

National Park Management Plans.

66

National Park Management Plans (England): further provision

66A

Regulations under section 66A: procedure etc

66B

National Park authority to be local planning authority.

67

(4A) (1) Where a National Park authority has been established for any area, this section, instead of section 4(1) to (4), shall apply, as from such time as may be specified for the purposes of this section in the order establishing that authority, in relation to the Park for which it is the authority. (2) Subject to subsections (4) and (5) below, the National Park authority for the Park shall be the sole local planning authority for the area of the Park and, accordingly— (a) functions conferred by or under the planning Acts on a planning authority of any description (including the functions of a mineral planning authority under those Acts and under the Planning and Compensation Act 1991) shall, in relation to the Park, be functions of the National Park authority, and not of any other authority; and (b) so much of the area of any other authority as is included in the Park shall be treated as excluded from any area for which that other authority is a planning authority of any description. (3) For the purposes of subsection (2) above functions under the planning Acts which (apart from this section) are conferred— (a) in relation to some areas on the county or district planning authorities for those areas, and (b) in relation to other areas on the councils for those areas, shall be treated, in relation to those other areas, as conferred on each of those councils as the local planning authority for their area. (4) The functions of a local planning authority by virtue of sections 198 to 201, 206 to 209 and 211 to 215, so far as they are functions of a National Park authority by virtue of this section, shall be exercisable as respects any area which is or is included in an area for which there is a district council, concurrently with the National Park authority, by that council. (5) For the purposes of any enactment relating to the functions of a district planning authority, the functions of a district council by virtue of subsection (4) above shall be deemed to be conferred on them as a district planning authority and as if the district were the area for which they are such an authority.

(147A) This Chapter shall have effect as if— (a) the bodies on whom a purchase notice may be served under section 137 included any National Park authority which is the local planning authority for the area in which the land is situated; and (b) a National Park authority were a local authority for the purposes of this Act and the National Park for which it is the local planning authority were its area; and the references in this Chapter and in section 288(10)(a) to a council and to a local authority shall be construed accordingly.

Planning authority functions under National Parks legislation etc.

68

on a planning authority of any description.

were a power or, as the case may be, functions of the National Park authority, and not of any other authority.

shall be exercisable in relation to so much of that Park as is comprised in a district for which there is a district council, concurrently with the National Park authority, by that district council.

so far as they are conferred in relation to any of the functions which by virtue of this section are functions of a National Park authority as respects the relevant Park, shall be exercisable by that authority and also, in the case of those conferred by or under section 41 of the 1968 Act, by a district council in relation to that council’s functions by virtue of subsection (6)(b) above, but not by any other authority.

Planning authority functions under the Wildlife and Countryside Act 1981.

69

(1A) Subsection (1) above shall not apply in relation to any National Park for which a National Park authority is the local planning authority; but the National Park authority for such a Park may give financial assistance by way of grant or loan, or partly in one way and partly in the other, to any person in respect of expenditure incurred by him in doing anything which, in the opinion of the authority, is conducive to the attainment in the Park in question of any of the purposes mentioned in section 5(1) of the 1949 Act (purposes of conserving and enhancing the natural beauty, wildlife and cultural heritage of National Parks and of promoting opportunities for the understanding and enjoyment of the special qualities of those Parks by the public).

Other statutory functions.

70

In addition to its functions under the enactments mentioned in sections 67 to 69 above and to such of its functions under any other enactment as are conferred by virtue of its being a local planning authority within the meaning of the Town and Country Planning Act 1990, a National Park authority shall have the further miscellaneous functions conferred on it by virtue of Schedule 9 to this Act.

Finances of National Park authorities

National Park authorities to be levying bodies.

71

National Park grant.

72

Capital finances and borrowing.

73

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

Validation of certain grants paid to local authorities in respect of expenditure relating to National Parks.

74

Supplemental provisions

Powers to make orders.

75

any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.

any enactment or any instrument made under any enactment.

shall include provision for the transfer of property, rights and liabilities from one person to another.

Agreements as to incidental matters.

76

and

Isles of Scilly.

77

Minor and consequential amendments relating to National Parks.

78

The enactments mentioned in Schedule 10 to this Act shall have effect subject to the amendments contained in that Schedule (being minor amendments and consequential amendments in connection with the provisions of this Part).

Interpretation of Part III.

79

the reference shall be construed (so far as it would not be so construed apart from this subsection) as including a reference to the other enactment as it is applied in relation to National Park authorities.

Part IV — Air Quality

National air quality strategy.

80

so far as relating to the quality of air.

Duty to report on air quality in England

80A

As soon as reasonably practicable after the end of each financial year, beginning with the financial year in which this section comes into force, the Secretary of State must lay a statement before Parliament that sets out—

Functions of the new Agencies.

81

Functions of relevant public authorities etc

81A

Functions of relevant Welsh public authorities etc.

81B

Local authority reviews.

82

Designation of air quality management areas.

83

Duties of English local authorities in relation to designated areas

83A

Duties of Welsh local authorities in relation to designated areas

83B

Duties of Scottish ... local authorities in relation to designated areas.

84

Reserve powers of the Secretary of State or SEPA.

85

the appropriate authority may give directions to the local authority requiring it to take such steps as may be specified in the directions.

so far as relating to the quality of air.

of the giving of the direction and of where a copy of the direction may be obtained.

Duty of air quality partners to co-operate

85A

Role of air quality partners in relation to action plans

85B

Functions of county councils for areas for which there are district councils.

86

and the district council shall take into account any such recommendations.

the Secretary of State may give directions to the county council requiring it to take such steps as may be specified in the directions.

so far as relating to the quality of air.

Role of the Mayor of London in relation to action plans.

86A

Role of combined authorities in relation to action plans

86B

Role of combined county authorities in relation to action plans

86C

Regulations for the purposes of Part IV.

87

so far as relating to the quality of air; or

whether generally or in prescribed circumstances;

to be sent to the Secretary of State or to the appropriate agency.

the body or person making the determination shall be bound by any direction given by a Minister of the Crown or SEPA to the local authority to the same extent as the local authority.

88
89

Supplemental provisions.

90

Schedule 11 to this Act shall have effect.

Interpretation of Part IV.

91

Part V — Miscellaneous, General and Supplemental Provisions

Waste

National waste strategy.

92

(44A) (1) The Secretary of State shall as soon as possible prepare a statement (“the strategy”) containing his policies in relation to the recovery and disposal of waste in England and Wales. (2) The strategy shall consist of or include— (a) a statement which relates to the whole of England and Wales; or (b) two or more statements which between them relate to the whole of England and Wales. (3) The Secretary of State may from time to time modify the strategy. (4) Without prejudice to the generality of what may be included in the strategy, the strategy must include— (a) a statement of the Secretary of State’s policies for attaining the objectives specified in Schedule 2A to this Act; (b) provisions relating to each of the following, that is to say— (i) the type, quantity and origin of waste to be recovered or disposed of; (ii) general technical requirements; and (iii) any special requirements for particular wastes. (5) In preparing the strategy or any modification of it, the Secretary of State— (a) shall consult the Environment Agency, (b) shall consult— (i) such bodies or persons appearing to him to be representative of the interests of local government, and (ii) such bodies or persons appearing to him to be representative of the interests of industry, as he may consider appropriate, and (c) may consult such other bodies or persons as he considers appropriate. (6) Without prejudice to any power to give directions conferred by section 40 of the Environment Act 1995, the Secretary of State may give directions to the Environment Agency requiring it— (a) to advise him on the policies which are to be included in the strategy; (b) to carry out a survey of or investigation into— (i) the kinds or quantities of waste which it appears to that Agency is likely to be situated in England and Wales, (ii) the facilities which are or appear to that Agency likely to be available or needed in England and Wales for recovering or disposing of any such waste, (iii) any other matter upon which the Secretary of State wishes to be informed in connection with his preparation of the strategy or any modification of it, and to report its findings to him. (7) A direction under subsection (6)(b) above— (a) shall specify or describe the matters or the areas which are to be the subject of the survey or investigation; and (b) may make provision in relation to the manner in which— (i) the survey or investigation is to be carried out, or (ii) the findings are to be reported or made available to other persons. (8) Where a direction is given under subsection (6)(b) above, the Environment Agency shall, in accordance with any requirement of the direction,— (a) before carrying out the survey or investigation, consult— (i) such bodies or persons appearing to it to be representative of local planning authorities, and (ii) such bodies or persons appearing to it to be representative of the interests of industry, as it may consider appropriate; and (b) make its findings available to those authorities. (9) In this section— - “local planning authority” has the same meaning as in the Town and Country Planning Act 1990; - “strategy” includes the strategy as modified from time to time and “statement” shall be construed accordingly. (10) This section makes provision for the purpose of implementing Article 7 of the directive of the Council of the European Communities, dated 15th July 1975, on waste, as amended by— (a) the directive of that Council, dated 18th March 1991, amending directive 75/442/EEC on waste; and (b) the directive of that Council, dated 23rd December 1991, standardising and rationalising reports on the implementation of certain Directives relating to the environment. (44B) (1) SEPA shall as soon as possible prepare a statement (“the strategy”) containing its policies in relation to the recovery and disposal of waste in Scotland. (2) SEPA may from time to time modify the strategy. (3) Without prejudice to the generality of what may be included in the strategy, the strategy must include— (a) a statement of SEPA’s policies for attaining the objectives specified in Schedule 2A to this Act; (b) provisions relating to each of the following, that is to say— (i) the type, quantity and origin of waste to be recovered or disposed of; (ii) general technical requirements; and (iii) any special requirements for particular wastes. (4) In preparing the strategy or any modification of it SEPA shall consult— (a) such bodies or persons appearing to it to be representative of the interests of industry as it may consider appropriate; (b) such local authorities as appear to it to be likely to be affected by the strategy or modification, and may consult such other bodies or persons as it considers appropriate. (5) Without prejudice to any power to give directions conferred by section 40 of the Environment Act 1995, the Secretary of State may give directions to SEPA— (a) as to the policies which are to be included in the strategy; (b) requiring it to carry out a survey or investigation into— (i) the kinds or quantities of waste which it appears to it is likely to be situated in Scotland, (ii) the facilities which are or appear to it likely to be available or needed in Scotland for recovering or disposing of any such waste, (iii) any other matter which the Secretary of State considers appropriate in connection with its preparation of the strategy or any modifications of it. (6) A direction under subsection (5)(b) above— (a) shall specify or describe the matters or the areas which are to be the subject of the survey or investigation; and (b) may make provision in relation to the manner in which— (i) the survey or investigation is to be carried out, or (ii) the findings are to be reported or made available to other persons. (7) Where a direction is given under subsection (5)(b) above SEPA shall, in accordance with any requirement of the direction— (a) before carrying out the survey or investigation, consult— (i) such bodies or persons appearing to it to be representative of planning authorities, and (ii) such bodies or persons appearing to it to be representative of the interests of industry, as it may consider appropriate; and (b) make its findings available to those authorities. (8) In this section— - “planning authority” means an authority within the meaning of section 172 of the Local Government (Scotland) Act 1973; - “strategy” includes the strategy as modified from time to time and “statement” shall be construed accordingly. (9) This section makes provision for the purpose of implementing Article 7 of the directive of the Council of the European Communities dated 15th July 1975 on waste, as amended by— (a) the directive of that Council dated 18th March 1991 amending directive 75/442/EEC on waste; and (b) the directive of that Council dated 23rd December 1991 standardising and rationalising reports on the implementation of certain Directives relating to the environment.

Producer responsibility: general.

93

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

Producer responsibility: supplementary provisions.

94

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

Producer responsibility: competition matters.

94A

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

Producer responsibility: offences.

95

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

Mineral planning permissions

96

Hedgerows etc.

Hedgerows.

97

as the appropriate Ministers may consider appropriate.

Grants for purposes conducive to conservation.

98

Consultation before making or modifying certain subordinate legislation for England.

99

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

Drainage

Meaning of “drainage” in certain enactments.

100

and (d) the carrying on, for any purpose, of any other practice which involves management of the level of water in a watercourse;

.

  • “drainage” includes—
  • defence against water (including sea water);
  • irrigation, other than spray irrigation;
  • warping; and
  • the carrying on, for any purpose, of any other practice which involves management of the level of water in a watercourse;

.

Grants in connection with drainage works.

101

(b) enabling them to determine in any particular case whether drainage works, or drainage works of any particular description, should or should not be carried out; (c) obtaining or organising information, including information about natural processes affecting the coastline, to enable them to formulate or develop their plans with respect to the defence against sea water of any part of the coastline; or (d) obtaining, at any time after the carrying out of drainage works, information with respect to— (i) the quality or effectiveness, or the effect on the environment, of those works; or (ii) any matter of a financial nature relating to those works. (4A) Paragraphs (b) to (d) of subsection (4) above are without prejudice to any power— (a) to make any grant under subsection (1) or (4)(a) above, or (b) to impose any condition under subsection (2) above, which could be made or imposed apart from those paragraphs.

Fisheries

Sea fisheries.

102

(2A) In addition to the members appointed as mentioned in subsection (1) above, a local fisheries committee may appoint such number of persons with knowledge of or expertise in marine environmental matters as it thinks fit as further members of the committee for those occasions on which it is considering any proposed byelaw under section 5 below by virtue of section 5A below, or any proposed amendment or revocation of such a byelaw.

(7) In this section “marine environmental matters” means— (a) the conservation or enhancement of the natural beauty or amenity of marine or coastal areas (including their geological or physiographical features) or of any features of archaeological or historic interest in such areas; or (b) the conservation of flora or fauna which are dependent on, or associated with, a marine or coastal environment.

(5A) (1) Any power to make byelaws conferred by section 5 above may be exercised for marine environmental purposes. (2) The power to make byelaws under section 5 above by virtue of this section is in addition to, and not in derogation from, the power to make byelaws under that section otherwise than by virtue of this section. (3) Byelaws under section 5 above by virtue of this section shall be submitted for confirmation under section 7 below— (a) in the case of a byelaw which is to have effect in England, only after consultation with the Nature Conservancy Council for England; (b) in the case of a byelaw which is to have effect in Wales, only after consultation with the Countryside Council for Wales. (4) In this section “marine environmental purposes” means the purposes— (a) of conserving or enhancing the natural beauty or amenity of marine or coastal areas (including their geological or physiographical features) or of any features of archaeological or historic interest in such areas; or (b) of conserving flora or fauna which are dependent on, or associated with, a marine or coastal environment.

Other marine or aquatic environmental conservation powers.

103

(5A) (1) Any power to make an order under section 5 above may be exercised for marine environmental purposes. (2) The power to make an order under section 5 above by virtue of this section is in addition to, and not in derogation from, the power to make an order under that section otherwise than by virtue of this section. (3) In this section “marine environmental purposes” means the purposes— (a) of conserving or enhancing the natural beauty or amenity of marine or coastal areas (including their geological or physiographical features) or of any features of archaeological or historic interest in such areas; or (b) of conserving flora or fauna which are dependent on, or associated with, a marine or coastal environment.

(2A) (1) Any power to make an order under section 1 or 2 above may be exercised for marine environmental purposes. (2) The power to make an order under section 1 or 2 above by virtue of this section is in addition to, and not in derogation from, the power to make an order under that section otherwise than by virtue of this section. (3) In this section “marine environmental purposes” means the purposes— (a) of conserving or enhancing the natural beauty or amenity of marine or coastal areas (including their geological or physiographical features) or of any features of archaeological or historic interest in such areas; or (b) of conserving flora or fauna which are dependent on, or associated with, a marine or coastal environment.

(6A) (1) Any power to make byelaws conferred by paragraph 6 above may be exercised for marine or aquatic environmental purposes. (2) The power to make byelaws under paragraph 6 above by virtue of this paragraph is in addition to, and not in derogation from, the power to make byelaws under that paragraph otherwise than by virtue of this paragraph. (3) In this paragraph “marine or aquatic environmental purposes” means— (a) the conservation or enhancement of the natural beauty or amenity of marine or coastal, or aquatic or waterside, areas (including their geological or physiographical features) or of any features of archaeological or historic interest in such areas; or (b) the conservation of flora or fauna which are dependent on, or associated with, a marine or coastal, or aquatic or waterside, environment.

Fixed penalty system for certain fisheries offences.

104

(37A) (1) Where on any occasion a water bailiff or other officer of the Agency finds a person who he has reason to believe is committing, or has on that occasion committed, a fixed penalty offence, he may give to that person a notice (in this section referred to as a “fixed penalty notice”) offering him the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty. (2) Where a person is given a fixed penalty notice in respect of a fixed penalty offence— (a) no proceedings shall be instituted for that offence before the expiration of the period for paying the fixed penalty; and (b) he shall not be convicted of that offence if the fixed penalty is paid before the expiration of that period. (3) The Agency may extend the period for paying the fixed penalty in any particular case if it considers it appropriate to do so in all the circumstances of the case. (4) If, in any particular case, the Agency considers that a fixed penalty notice which has been given ought not to have been given, it may give to the person to whom the fixed penalty notice was given a notice withdrawing the fixed penalty notice; and where notice under this subsection is given— (a) the Agency shall repay any amount which has been paid by way of fixed penalty in pursuance of the fixed penalty notice; and (b) no proceedings shall be instituted or continued against that person for the offence in question. (5) The amount by which the sums received by the Agency by way of fixed penalties exceed the sums repaid by it under subsection (4)(a) above shall be paid into the Consolidated Fund. (6) In any proceedings, a certificate purporting to be signed by or on behalf of the Chief Executive of the Agency and stating either— (a) that payment of a fixed penalty was, or (as the case may be) was not, received by the Agency on or before a date specified in the certificate, or (b) that an envelope containing an amount sent by post in payment of a fixed penalty was marked as posted on a date specified in the certificate, shall be received as evidence of the matters so stated and shall be treated, without further proof, as being so signed unless the contrary is shown. (7) A fixed penalty notice shall give such reasonable particulars of the circumstances alleged to constitute the fixed penalty offence to which the notice relates as are necessary for giving reasonable information of the offence and shall state— (a) the monetary amount of the fixed penalty which may be paid; (b) the person to whom and the address at which— (i) the fixed penalty may be paid, and (ii) any correspondence relating to the fixed penalty notice may be sent; (c) the method or methods by which payment of the fixed penalty may be made; (d) the period for paying the fixed penalty; (e) the consequences of the fixed penalty not being paid before the expiration of that period. (8) A fixed penalty notice may also contain such other information relating to, or for the purpose of facilitating, the administration of the fixed penalty system as the Agency considers necessary or desirable. (9) Regulations may— (a) make provision with respect to the giving of fixed penalty notices, including, in particular, provision with respect to— (i) the methods by which, (ii) the officers, servants or agents by, to or on whom, and (iii) the places at which, fixed penalty notices may be given by, or served on behalf of, a water bailiff or other officer of the Agency; (b) prescribe the method or methods by which fixed penalties may be paid; (c) make provision for or with respect to the issue of prescribed documents to persons to whom fixed penalty notices are or have been given. (10) In this section— - “fixed penalty” means a penalty of such amount as may be prescribed (whether by being specified in, or made calculable under, regulations); - “fixed penalty offence” means, subject to subsection (11) below, any offence— 1. under this Act, 2. under the Salmon Act 1986, 3. under or by virtue of regulations or orders made under section 115, 116 or 142 of the Water Resources Act 1991, or 4. under section 211(3) of that Act, so far as relating to byelaws made by virtue of paragraph 6 of Schedule 25 to that Act, - “the fixed penalty system” means the system implementing this section and regulations made under it; - “the Ministers” means the Secretary of State and the Minister; - “notice” means notice in writing; - “the period for paying”, in relation to any fixed penalty, means such period as may be prescribed for the purpose; - “prescribed” means prescribed by regulations; - “regulations” means regulations made under this section by the Ministers. (11) The provision that may be made by regulations prescribing fixed penalty offences includes provision for an offence to be a fixed penalty offence— (a) only if it is committed in such circumstances or manner as may be prescribed; or (b) except if it is committed in such circumstances or manner as may be prescribed. (12) Regulations may provide for any offence which is a fixed penalty offence to cease to be such an offence. (13) An offence which, in consequence of regulations made by virtue of subsection (12) above, has ceased to be a fixed penalty offence shall be eligible to be prescribed as such an offence again. (14) Regulations may— (a) make different provision in relation to different cases or classes of case; or (b) provide for such exceptions, limitations and conditions, or make such incidental, supplemental, consequential or transitional provision, as the Ministers consider necessary or expedient. (15) Any power to make regulations under this section shall be exercisable by statutory instrument made by the Ministers; and a statutory instrument containing any such regulations shall be subject to annulment pursuant to a resolution of either House of Parliament.

(1A) Without prejudice to subsection (1) above, a water bailiff or other officer of the Agency who on any occasion finds a person who he has reason to believe is committing, or has on that occasion committed, a fixed penalty offence, within the meaning of section 37A below, may require that person to state his name and address.

“the Agency” means the Environment Agency;

.

Minor and consequential amendments relating to fisheries.

105

Schedule 15 to this Act (which makes minor and consequential amendments relating to fisheries) shall have effect.

New provisions for Scotland

Control of pollution of water in Scotland.

106

Schedule 16 to this Act (which amends the Control of Pollution Act 1974 as respects the control of pollution of rivers and coastal waters in Scotland) shall have effect.

Statutory nuisances: Scotland.

107

Schedule 17 to this Act (which makes provision with respect to statutory nuisances in Scotland) shall have effect.

Powers of EntryEnforcement

Powers of enforcing authorities and persons authorised by them.

108

to cause it to be dismantled or subjected to any process or test (but not so as to damage or destroy it, unless that is necessary);

and to inspect and take copies of, or of any entry in, the records;

which is conferred by regulations made by the Secretary of State.

any entry on to those premises by virtue of this section shall only be effected under the authority of a warrant by virtue of Schedule 18 to this Act.

This is subject to subsections (7B) and (7C).

as appear to him appropriate for the purpose of ascertaining what dangers, if any, there may be in doing anything which he proposes to do or cause to be done under the power.

Procedure where documents removed

108A

Power to deal with cause of imminent danger of serious pollution etc.

109

and if, where paragraph (b) above applies, the authorised person cannot after reasonable inquiry ascertain the name or address of the owner, the copy may be served on him by giving it to the person to whom a copy was given under paragraph (a) above.

Power to issue restriction notices: England and Wales

109A

Cancellation or variation of restriction notices

109B

Where a restriction notice is in force and the authorised person is no longer satisfied that the conditions in section 109A(2) are met—

Service of restriction notices etc.

109C

Power of court to make restriction orders: England and Wales

109D

Temporary orders

109E

Extension of restriction orders

109F

Variation or discharge of restriction orders

109G

Enforcement of restriction orders

109H

Appeals against decisions on restriction orders

109I

Access to other premises

109J

an occupier or owner of those other premises may apply to the appropriate court for an order under this section.

Recovery of costs

109K

Exemption from liability

109L

Compensation

109M

Interpretation

109N

Offences.

110

the relevant officer also commits the offence.

Further enforcement powers: Scotland

Search and seizure of vehicles, etc.

110A

Offences of obstructing, not co-operating, etc.

110B

Handling of seized property

110C

Power to apply enforcement powers in respect of offences

110D

Evidence

Evidence in connection with certain pollution offences.

111

that fact shall be admissible in any proceedings as evidence that that condition has not been observed or that requirement has not been complied with.

(3) Subsection (2) above shall not have effect in relation to any entry required to be made in any record by virtue of a condition of a relevant licence, within the meaning of section 111 of the Environment Act 1995 (which makes corresponding provision in relation to such licences).

Offences

Amendment of certain offences relating to false or misleading statements or false entries.

112

Schedule 19 to this Act shall have effect.

Information

Disclosure of information.

113

for the purpose of facilitating the carrying out by any of the relevant agencies of any of its functions, by any such Minister of any of his environmental functions or by any local enforcing authority of any of its relevant functions; and no person shall be subject to any civil or criminal liability in consequence of any disclosure made by virtue of this subsection.

Appeals

Power of Secretary of State to delegate his functions of determining, or to refer matters involved in, appeals.

114

or any matter involved in such an appeal;

Crown application

Application of this Act to the Crown.

115

Application of certain other enactments to the Crown.

116

Schedule 21 to this Act shall have effect.

Isles of Scilly

Application of this Act to the Isles of Scilly.

117

Application of certain other enactments to the Isles of Scilly.

118

(10A) (1) Subject to the provisions of any order under this section, this Act shall not apply in relation to the Isles of Scilly. (2) The Secretary of State may, after consultation with the Council of the Isles of Scilly, by order provide for the application of any provisions of this Act to the Isles of Scilly; and any such order may provide for the application of those provisions to those Isles with such modifications as may be specified in the order. (3) An order under this section may— (a) make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and (b) contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate, including provision saving provision repealed by or under any enactment. (4) The power of the Secretary of State to make an order under this section shall be exercisable by statutory instrument; and a statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(76) (1) Subject to the provisions of any order under this section, this Part shall not apply in relation to the Isles of Scilly. (2) The Secretary of State may, after consultation with the Council of the Isles of Scilly, by order provide for the application of any provisions of this Part to the Isles of Scilly; and any such order may provide for the application of those provisions to those Isles with such modifications as may be specified in the order. (3) An order under this section may— (a) make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and (b) contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate, including provision saving provision repealed by or under any enactment.

(222) (1) Subject to the provisions of any order under this section, this Act shall not apply in relation to the Isles of Scilly. (2) The Secretary of State may, after consultation with the Council of the Isles of Scilly, by order provide for the application of any provisions of this Act to the Isles of Scilly; and any such order may provide for the application of those provisions to those Isles with such modifications as may be specified in the order. (3) An order under this section may— (a) make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and (b) contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate, including provision saving provision repealed by or under any enactment. (4) The power of the Secretary of State to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(224) (1) Subject to the provisions of any order under this section, this Act shall not apply in relation to the Isles of Scilly. (2) The Secretary of State may, after consultation with the Council of the Isles of Scilly, by order provide for the application of any provisions of this Act to the Isles of Scilly; and any such order may provide for the application of those provisions to those Isles with such modifications as may be specified in the order. (3) An order under this section may— (a) make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and (b) contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate, including provision saving provision repealed by or under any enactment. (4) The power of the Secretary of State to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(75) (1) Subject to the provisions of any order under this section, this Act shall not apply in relation to the Isles of Scilly. (2) The Secretary of State may, after consultation with the Council of the Isles of Scilly, by order provide for the application of any provisions of this Act to the Isles of Scilly; and any such order may provide for the application of those provisions to those Isles with such modifications as may be specified in the order. (3) An order under this section may— (a) make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and (b) contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate, including provision saving provision repealed by or under any enactment. (4) The power of the Secretary of State to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Miscellaneous and supplemental

Stamp duty.

119

Minor and consequential amendments, transitional and transitory provisions, savings and repeals.

120

as he considers necessary or expedient by reason of the coming into force of any provision of this Act.

Local statutory provisions: consequential amendments etc.

121

he may by order repeal, amend or re-enact (with or without modifications) any local statutory provision, including, in the case of an order by virtue of paragraph (b) above, a provision amended by virtue of paragraph (a) above.

Directions.

122

Service of documents.

123

and for the purposes of this subsection the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom shall be their principal office within the United Kingdom.

that notice may be served either by leaving it in the hands of a person who is or appears to be resident or employed on the premises or by leaving it conspicuously affixed to some building or object on the premises.

General interpretation.

124

Short title, commencement, extent, etc.

125

this Act shall not extend to Northern Ireland.

SCHEDULE 1

Membership

1

Chairman and deputy chairman

2

The chairman or deputy chairman of the Agency shall hold office as such unless and until—

and shall, on ceasing to be the chairman or deputy chairman, be eligible for further designation as such in accordance with section 1(3) of this Act at any time when he is a member.

Remuneration, pensions, etc.

3

Staff

4

Proceedings of the Agency

5

Subject to the following provisions of this Schedule and to section 106 of the 1991 Act (obligation to carry out flood defence functions through committees), the Agency may regulate its own procedure (including quorum).

Delegation of powers

6

Subject to section 106 of the 1991 Act, anything authorised or required by or under any enactment to be done by the Agency may be done—

Members’ interests

7

shall be regarded as a sufficient disclosure of his interest in relation to any such matter.

Vacancies and defective appointments

8

The validity of any proceedings of the Agency shall not be affected by a vacancy amongst the members or by a defect in the appointment of a member.

Minutes

9

Application of seal and proof of instruments

10

Documents served etc. by or on the Agency

11

Interpretation

12

In this Schedule—

SCHEDULE 2

Part I — Introductory

Interpretation

1

In this Schedule—

The property etc. which may be transferred

2

Contracts of employment

3

and in the following provisions of this paragraph any reference to a “qualifying employee” is a reference to such a person.

except in a case where objection is made by the qualifying employee as mentioned in sub-paragraph (8)(b) below.

Part II — Transfer schemes

Description of the property etc. to be transferred by scheme

4

A transfer scheme may define the property, rights and liabilities to be transferred by the scheme—

Division of property etc. to be transferred by scheme: creation of new rights and interests

5

and references in the other provisions of Part I of this Act to the transfer of property, rights or liabilities (so far as relating to transfers by and in accordance with transfer schemes) shall accordingly be construed as including references to the creation of any interest, right or liability by virtue of paragraph (a), (b) or (c) above or the making of provision by virtue of paragraph (d) above.

Transfer schemes: incidental, supplemental and consequential provision

6

Modification of transfer schemes

7

the body which was the transferor in the case of that scheme.

Provision of information and assistance to the Secretary of State and the new Agencies in connection with transfer schemes

8

to provide the Secretary of State or the Agency with such information or assistance as the Secretary of State or, as the case may be, the Agency may reasonably require for the purposes of, or in connection with, the exercise of any powers of the Secretary of State or the Agency in relation to transfer schemes.

to provide the Secretary of State or SEPA with such information or assistance as the Secretary of State or, as the case may be, SEPA may reasonably require for the purposes of, or in connection with, the exercise of any powers of the Secretary of State or SEPA in relation to transfer schemes.

Part III — General provisions with respect to transfers by or under section 3 or 22

Consideration

9

No consideration shall be provided in respect of the transfer of any property, rights or liabilities by or under section 3 or 22 of this Act; but—

Continuity

10

Remedies

11

Perfection of vesting of foreign property, rights and liabilities

12

SCHEDULE 3

Introductory

1

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

Duty of Agency to prepare and submit schemes for each region

2

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

Approval of schemes

3

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

Replacement and variation of approved membership schemes

4

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

Appointment of members

5

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

Vacancies, defective appointments et ceteralaetc.

6

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

Remuneration and allowances

7

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

SCHEDULE 4

Power to make order

1

and subsections (7) and (8) of section 16 of this Act shall apply in relation to so much of an order under this Schedule as is made by virtue of this sub-paragraph as they apply in relation to an order under subsection (5) of that section.

Consultation and notice of intention to make order

2

Objections to draft order and making of order

3

Procedure for making of order

4

the order shall be subject to special parliamentary procedure.

Notice after making of order

5

Questioning of order in courts

6

he may, within six weeks after the date of the first publication of the notice required by paragraph 5 above, make an application for the purpose to the High Court.

may quash the order either generally or in so far as it affects the applicant.

SCHEDULE 5

Part I — Membership of flood defence committees

Terms of membership

1

Membership of constituent council as qualification for membership of committee

2

Disqualification for membership of committee

3

Vacation of office by disqualifying event

4

shall be treated as attendance at a meeting of the committee.

Resignation of office by members of regional committee

5

Resignation of office by members of local committee

6

Appointments to fill casual vacancies

7

Eligibility of previous members for re-appointment

8

Subject to the provisions of this Schedule, a member of a flood defence committee shall be eligible for reappointment.

Appointment of deputies

9

Payments to past and present chairmen and to members

10

Part II — Proceedings of flood defence committees

Appointment of sub-committees, joint sub-committees etc.

11

Delegation of functions to sub-committees etc.

12

and two or more regional or two or more local flood defence committees may arrange to carry out any of their functions jointly or may arrange for the carrying out of any of their functions by a joint sub-committee of theirs.

Rules of procedure

13

Declarations of interest etc.

14

Authentication of documents

15

Proof and validity of proceedings

16

shall be evidence of the proceedings and shall be received in evidence without further proof.

SCHEDULE 6

Status

1

SEPA shall be a body corporate with a common seal.

2

Subject to section 38 of this Act, SEPA shall not—

and its property shall not be regarded as property of, or held on behalf of, the Crown.

Membership

3

SEPA shall consist of not less than eight, nor more than twelve, members appointed by the Secretary of State.

4

In making appointments under paragraph 3 above, the Secretary of State shall have regard to the desirability of appointing persons who have knowledge or experience in some matter relevant to the functions of SEPA.

5

Subject to paragraphs 7 and 8 below, each member—

6

The Secretary of State may, by order made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament, amend paragraph 3 above so as to substitute for the numbers for the time being specified as, respectively, the minimum and maximum membership such other numbers as he thinks fit.

7

The Secretary of State may remove a member from office if he is satisfied that the member—

Chairman and deputy chairman

8

Remuneration, pensions, etc.

9

as the Secretary of State may determine.

Staff

10
11

SEPA may appoint such other employees as it thinks fit.

12

as it may, with the approval of the Secretary of State, determine.

Proceedings

13

Committees

14

Delegation of powers

15

Regional Boards

16

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

Members’ interests

17

shall be regarded as a sufficient disclosure of his interest in relation to any such matter.

Minutes

18

SCHEDULE 7

Status and constitution of authorities

1

and “specified” means specified in the relevant order.

must exceed the number of other members.

Local authority members

2

the Secretary of State shall consult the council for every principal area the whole or any part of which is comprised in the relevant Park; and the Secretary of State may make provision for excluding the council for any such area from the councils by whom the local authority members of a National Park authority are to be appointed only at the request of that council.

but if he is re-elected he is eligible for re-appointment to the National Park authority.

(ba) a National Park authority;

.

Parish members of English National Park authorities

3

but if he is re-elected he is eligible for re-appointment to the National Park authority.

but if he is re-elected as chairman he is eligible for re-appointment to the National Park authority.

Members (other than parish members) appointed by the Secretary of State

4

Chairman and deputy chairman

5

Removal of members

6

but a parish member shall only be removed from office in the manner mentioned in paragraph (a) above where the Secretary of State considers it appropriate to do so in consequence of the provisions of any order for varying either the area of the relevant Park or the number of parish members of the National Park authority in question.

Disqualification of members

7

Vacation of office for failure to attend meetings

8

Section 85 of the 1972 Act (failure to attend meetings) shall have effect in relation to a National Park authority as it has effect in relation to a local authority.

Code of conduct for members

9

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

Restrictions on voting on account of interests etc.

10

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

Allowances and time off for members

11

Meetings and proceedings of the authority

12

shall have effect as if a National Park authority were a local authority for the purposes of those provisions.

(cd) a National Park authority;

Committees and sub-committees and officers

13

is (as nearly as possible using whole numbers) in the same proportions as required, by virtue of paragraph 1(2) above, in the case of the authority itself; and

and section 7 of that Act (staff to be appointed on merit) shall apply to any appointment to paid office or employment under a National Park authority as it applies to an appointment to paid office or employment under a body which is a local authority for the purposes of Part I of that Act.

National Park Officer

14

Personal liability of members and officers

15

Section 265 of the Public Health Act 1875 (personal liability of members and officers of certain authorities) shall have effect as if—

Liaison with parish and community councils

16

A National Park authority shall make arrangements—

for the purpose of informing and consulting that council about the authority’s discharge of its functions.

Documents, notices, records, byelaws etc.

17

shall have effect as if for the purposes of those provisions a National Park authority were a local authority or, in the case of section 224, a principal council.

Investigation in connection with maladministration etc.

18

(ab) a National Park authority;

.

(aa) where the complaint relates to a National Park authority, the area of the Park for which it is such an authority;

.

Audit by Audit Commission auditor etc.

19

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

Meaning of “relevant order”

20

In this Schedule “the relevant order”, in relation to a National Park authority, means—

SCHEDULE 8

Powers in relation to land etc.

1

shall have effect as if, for the purposes of those provisions, a National Park authority were a principal council and the relevant Park were the authority’s area.

shall apply in relation to a National Park authority as if the authority were a local authority for the purposes of that Act.

2

(244A) (1) A National Park authority shall, on being authorised to do so by the Secretary of State, have the same power to acquire land compulsorily as the local authorities to whom section 226 applies have under that section. (2) A National Park authority shall have the same power to acquire land by agreement as the local authorities mentioned in subsection (1) of section 227 have under that subsection. (3) Sections 226(1) and (7), 227, 229, 230, 232, 233 and 235 to 242 shall apply with the necessary modifications as if a National Park authority were a local authority to which those sections applied and as if the Park in relation to which it carries out functions were the authority’s area.

shall have effect as if a National Park authority were a local authority for the purposes of that Act.

Miscellaneous transactions and powers

3

Transfer of securities on alteration of area

4

Section 146 of the 1972 Act (transfer of securities on alteration of area) shall have effect as if a National Park authority were a local authority for the purposes of that Act and as if the reference in subsection (1)(b) of that section to an enactment similar to a provision of the 1972 Act included a reference to any provision of Part III of this Act.

The Local Authorities (Goods and Services) Act 1970

5

The Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities) shall have effect as if a National Park authority were both a local authority and a public body for the purposes of that Act.

Power to execute works outside Park

6

Any power to execute works which is conferred on a National Park authority by virtue of Part III of this Act or any other enactment shall be taken, except in so far as the contrary intention appears, to include power, for the purposes of the carrying out of the authority’s functions in relation to the relevant Park, to execute works of the relevant description outside, as well as inside, that Park.

Power to promote Bills

7

Competitive tendering etc.

8

(aa) a National Park authority;

.

Restrictions on publicity

9

Part II of the Local Government Act 1986 (restrictions on publicity) shall have effect as if a National Park authority were a local authority for the purposes of that Part.

Provisions applying in relation to companies in which authorities have interests

10

In section 67(3) of the Local Government and Housing Act 1989 (local authorities for the purposes of Part V of that Act), after paragraph (m) there shall be inserted the following paragraph—

(ma) a National Park authority;

.

Provisions as to charges

11

In section 152(2) of that Act of 1989 (provisions as to charges), after paragraph (j) there shall be inserted the following paragraph—

(ja) a National Park authority;

and section 151 of that Act (power to amend existing provisions as to charges) shall have effect as if references to an existing provision included references to any such provision as applied by Part III of this Act.

Service agency agreements

12

Section 25 of the Local Government (Wales) Act 1994 (service agency agreements) shall have effect as if a National Park authority for any National Park in Wales were a new principal council for the purposes of that section.

Contracting out

13

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

SCHEDULE 9

Common land etc.

1

as if the National Park authority were a local authority for the purposes of those enactments and as if the relevant Park were that authority’s area.

Open spaces

2

The Open Spaces Act 1906 shall have effect as if references in that Act to a local authority included references to a National Park authority.

Nature reserves

3

Sections 21 and 22 of the National Parks and Access to the Countryside Act 1949 (establishment of nature reserves and application of enactments to local authority reserves) shall have effect as if the bodies on whom powers are conferred by section 21 of that Act included every National Park authority and as if the relevant Park were the authority’s area; and references in those sections to a local authority and to their area shall be construed accordingly.

Caravan sites

4

In the Caravan Sites and Control of Development Act 1960—

shall have effect as if a National Park authority were a local authority for the purposes of that Act and as if the relevant Park were that authority’s area.

4A

In the Mobile Homes (Wales) Act 2013—

shall have effect as if a National Park Authority were a local authority for the purposes of that Act and as if the relevant Park were that Authority's area.

Country Parks

5

The Countryside Act 1968 shall have effect as if a National Park authority were a local authority for the purposes of—

of conferring powers on a local authority or of applying provisions of section 92 of the National Parks and Access to the Countryside Act 1949 (wardens);

and the references to a local authority in sections 43 to 45 of that Act of 1968 (general provisions as to the powers of local authorities) shall have effect accordingly.

Provision of information and encouragement of visitors

6

Sections 142 and 144 of the 1972 Act (provision of information about local services and encouragement of visitors) shall have effect (subject to paragraph 9 of Schedule 8 to this Act) as if a National Park authority were a local authority for the purposes of that Act and as if the relevant Park were the authority’s area.

Derelict land etc.

7

The provisions of section 16 of the Welsh Development Agency Act 1975 and of section 1 of the Derelict Land Act 1982 (powers for the improvement of land) shall have effect in relation to land in a National Park for which a National Park authority is the local planning authority as if references in those provisions to a local authority included references to the National Park authority and as if the relevant Park were the authority’s area.

Recreational facilities

8

Section 19 of the Local Government (Miscellaneous Provisions) Act 1976 (recreational facilities) shall have effect as if the powers conferred by that section on local authorities were also conferred, so as to be exercisable within a National Park for which a National Park authority is the local planning authority, on that authority.

Refuse Disposal

9

Ancient Monuments and Archaeological Areas

10

the references in those Parts to a local authority included references to that National Park authority.

Footpaths and bridleways

11

The following provisions of the Highways Act 1980, that is to say—

shall have effect as if references in those sections to a local authority or council included references to a National Park authority and as if the relevant Park were the authority’s area.

Litter

12

The following provisions, that is to say—

shall have effect as if a National Park authority were a litter authority for the purposes of those provisions, as if the relevant Park were the authority’s area and as if the reference in that section 4 to the authority’s area were a reference to any part of the relevant Park.

Listed and historic buildings

13

and, in relation to those provisions, as if the relevant Park were the authority’s area.

Hazardous substances

14

Local Charities

15

Sections 294 to 297 of the Charities Act 2011 (local charities) shall have effect as if the references to a council for any area included references to a National Park authority and as if the relevant Park were the authority’s area.

Overseas Assistance

16

The Local Government (Overseas Assistance) Act 1993 shall have effect as if a National Park authority were a local authority for the purposes of that Act.

SCHEDULE 10

The Finance Act 1931 (c. 28)

1

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

The National Parks and Access to the Countryside Act 1949 (c. 97)

2

and

and in subsection (5) of that section (report to contain estimates of capital outlay by local authorities), after “local authorities” there shall be inserted “ and National Park authorities ”.

(3A) Where under this paragraph any notice is required to be given by any person in respect of any land which is already in a National Park for which a National Park authority is the local planning authority, that person shall serve a copy of that notice on that authority.

;

(3A) An order designating a National Park shall have effect as from such time as may be determined by the Minister and specified in the notice of the confirmation of that order.

The Landlord and Tenant Act 1954 (c. 56)

3

In section 69(1) of the Landlord and Tenant Act 1954 (interpretation), in the definition of “local authority”, for the words from “has the same meaning” to “Broads Authority” there shall be substituted “ means any local authority within the meaning of the Town and Country Planning Act 1990, any National Park authority, the Broads Authority or ”.

The Land Compensation Act 1961 (c. 33)

4

“local planning authority” shall be construed in accordance with Part I of the Town and Country Planning Act 1990;

.

The Trustee Investments Act 1961 (c. 62)

5

In section 11 of the Trustee Investments Act 1961 (local authority investment schemes), in subsection (4)(a), after “the Broads Authority” there shall be inserted “ a National Park authority ”.

The Agriculture Act 1967 (c. 22)

6

In section 50(3) of the Agriculture Act 1967 (bodies transfers to whom are not subject to section 49), after paragraph (a) there shall be inserted the following paragraph—

(aa) a National Park authority;

.

The Leasehold Reform Act 1967 (c. 88)

7

In section 28 of the Leasehold Reform Act 1967 (retention or resumption of land required for public purposes), in subsection (5), after paragraph (aa) there shall be inserted the following paragraph—

(ab) to any National Park authority; and

.

The Countryside Act 1968 (c. 41)

8

The Employers Liability (Compulsory Insurance) Act 1969 (c. 57)

9

In section 3 of the Employers Liability (Compulsory Insurance) Act 1969 (employers exempted from insurance), in subsection (2), after “the Broads Authority” there shall be inserted “ a National Park authority ”.

The 1972 Act

10

(2A) Subsection (2) above shall have effect as if the reference to a joint board included a reference to a National Park authority. (2B) For the purposes of this section a local authority shall be treated as represented on a National Park authority if it is entitled to make any appointment of a local authority member of the National Park authority.

The Employment Agencies Act 1973 (c. 35)

11

In section 13(7) of the Employment Agencies Act 1973 (cases in which Act does not apply), after paragraph (ff) there shall be inserted the following paragraph —

(fg) the exercise by a National Park authority of any of its functions;

.

The Health and Safety at Work etc. Act 1974 (c. 37)

12

In section 28 of the Health and Safety at Work etc. Act 1974 (restrictions on disclosure of information), for subsection (10) there shall be substituted the following subsection—

(10) The Broads Authority and every National Park authority shall be deemed to be local authorities for the purposes of this section.

The Welsh Development Agency Act 1975 (c. 70)

13

Local Land Charges Act 1975 (c. 76)

14

In sections 1 and 2 of the Local Land Charges Act 1975 (obligations that are and are not local land charges), after the words “local authority”, in each place where they occur, there shall be inserted “ or National Park authority ”.

The Race Relations Act 1976 (c. 74)

15

The Development of Rural Wales Act 1976 (c. 75)

16

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

The Rent (Agriculture) Act 1976 (c. 80)

17

In section 5(3) of the Rent (Agriculture) Act 1976 (no statutory tenancy where landlord’s interest belongs to Crown or local authority etc.), after paragraph (bc) there shall be inserted the following paragraph—

(bd) any National Park authority;

.

The Rent Act 1977 (c. 42)

18

In section 14 of the Rent Act 1977 (exemption from protection for lettings by local authorities etc.), after paragraph (bb) there shall be inserted the following paragraph—

(bc) a National Park authority;

.

The Justices of the Peace Act 1979 (c. 55)

19

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

The Local Government, Planning and Land Act 1980 (c. 65)

20

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

The Acquisition of Land Act 1981 (c. 67)

21

The Wildlife and Countryside Act 1981 (c. 69)

22

The County Courts Act 1984 (c. 28)

23

In section 60(3) of the County Courts Act 1984 (right of audience for proper officer of local authority in certain circumstances), after “the Broads Authority” there shall be inserted “ any National Park authority, ”.

The Housing Act 1985 (c. 68)

24

(5A) References in this section and in section 44 to a local authority shall include references to a National Park authority.

a National Park authority (or a predecessor of such an authority),

.

The Landlord and Tenant Act 1985 (c. 70)

25

The Landlord and Tenant Act 1987 (c. 31)

26

In section 58(1) of the Landlord and Tenant Act 1987 (exempt landlords), after paragraph (dd) there shall be inserted the following paragraph—

(de) a National Park authority;

.

The Norfolk and Suffolk Broads Act 1988 (c. 4)

27

In Schedule 3 to the Norfolk and Suffolk Broads Act 1988 (functions of the Broads authority), in paragraph 43, for the words from “as a local authority” onwards there shall be substituted “ for the purposes of the Derelict Land Act 1982 as a National Park authority and the Broads as a National Park for which it is the local planning authority ”.

The Housing Act 1988 (c. 50)

28

In paragraph 12(2) of Schedule 1 to the Housing Act 1988 (meaning of “local authority” for the purposes of determining the tenancies to be treated as local authority tenancies), after paragraph (d) there shall be inserted the following paragraph—

(da) a National Park authority;

.

The Road Traffic Act 1988 (c. 52)

29

In section 144(2)(a)(i) of the Road Traffic Act 1988 (exemptions from requirement of third party insurance or security), after “London borough” there shall be inserted “ a National Park authority ”.

The Electricity Act 1989 (c. 29)

30

(aa) in relation to land in England and Wales which is in a National Park for which a National Park authority is the local planning authority, means that National Park authority; and

; and

The Local Government and Housing Act 1989 (c. 42)

31

and (n) a joint planning board constituted for an area in Wales outside a National Park by an order under section 2(1B) of the Town and Country Planning Act 1990.

(oo) a joint planning board constituted for an area in Wales outside a National Park by an order under section 2(1B) of the Town and Country Planning Act 1990; and

.

and (m) a joint planning board constituted for an area in Wales outside a National Park by an order under section 2(1B) of the Town and Country Planning Act 1990.

The Town and Country Planning Act 1990 (c. 8)

32

(1D) The areas that may be constituted as a united district for the purposes of this section shall not include the whole or any part of an area which is comprised in a National Park for which there is a National Park authority.

(5) This section shall have effect subject to section 4A below.

(aa) on any National Park authority which is the local planning authority for the area in which any highway or, as the case may be, any land to which the order relates is situated, and

;

(6) This section shall have effect as if the references to a local authority included references to a National Park authority.

(6) This section shall have effect as if the references to a local authority included references to a National Park authority.

(2A) As respects the area of any National Park for which a National Park authority is the local planning authority those functions shall be exercised by that authority.

(iia) any National Park authority for a National Park which includes any of that land; and

;

The Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

33

(4A) This section and sections 33 to 37 shall have effect as if— (a) the bodies on whom a listed building purchase notice may be served under this section included any National Park authority which is the local planning authority for the area in which the building and land in question are situated; and (b) a National Park authority were a local authority for the purposes of this Act and the Park for which it is the local planning authority were its area; and the references in those sections and in section 63(7)(a) to a council and to a local authority shall be construed accordingly.

(ca) in relation to any building in a National Park for which a National Park authority is the local planning authority, that authority;

.

(4) The reference to a local authority in sub-paragraph (3) above includes a reference to any National Park authority which is the local planning authority for any area.

Water consolidation legislation

34

shall have effect, until the coming into force of the repeal by this Act of the definition for the purposes of those provisions of the expression “National Park authority”, as if they included references to a National Park authority established under Part III of this Act which has become the local planning authority for the National Park in question; and thereafter those references shall have effect as if they were references to a National Park authority so established.

shall have effect, until the coming into force of the repeal by this Act of subsection (5) of section 34 of that Act, as if they included references to a National Park authority established under Part III of this Act which has become the local planning authority for the National Park in question; and thereafter those references shall have effect as if they were references to a National Park authority so established.

The Local Government Finance Act 1992 (c. 14)

35

In section 35 of the Local Government Finance Act 1992 (definition of “special items”) in subsection (5) (expenses of a billing authority not to be special expenses if they are expenses of meeting a levy from a National Park planning board) paragraphs (a) and (b) shall be omitted and at the end of that subsection there shall be added the words

or (c) a National Park authority in relation to a National Park in Wales.

The Local Government (Overseas Assistance) Act 1993 (c. 25)

36

In section 1(10) of the Local Government (Overseas Assistance) Act 1993 (certain bodies on which powers are conferred by the Act), at the end there shall be added—

(h) a joint planning board constituted for an area in Wales outside a National Park by an order under section 2(1B) of the Town and Country Planning Act 1990.

The Welsh Language Act 1993 (c. 38)

37

In section 6(1) of the Welsh Language Act 1993 (bodies which are public bodies for the purposes of the provisions of that Act about Welsh language schemes), after paragraph (c) there shall be inserted the following paragraph—

(ca) a National Park authority;

.

The Local Government (Wales) Act 1994 (c. 19)

38

SCHEDULE 11

Consultation requirements

1

shall consult such other persons as fall within sub-paragraph (2) below.

Exchange of information with county councils in England

2

Joint exercise of local authority functions

3

in relation to functions under or by virtue of this Part in accordance with the directions.

in relation to functions under or by virtue of this Part.

Public access to information about air quality

4

Fixed penalty offences

5

to be received as evidence of the matters so stated and to be treated, without further proof, as being so signed unless the contrary is shown;

fixed penalty notices may be given by, or served on behalf of, a prescribed person;

SCHEDULE 12

SCHEDULE 13

Interpretation

1

is restricted or reduced in respect of the mineral site in question.

Phase I and II sites

2

that site is a Phase I site.

the mineral site is a Phase II site.

is a Phase I site.

but no part of a site shall be treated, by virtue of paragraph (b) above, as being not included in the site unless the mineral planning authority are satisfied that any aftercare conditions which relate to that part have, so far as relating to that part, been complied with.

The “first list”

3

The “second list”

4

Advertisement of the first and second lists

5

Applications for inclusion in the first list of sites not included in that list as originally prepared and appeals from decisions upon such applications

6

but shall otherwise refuse the application.

cause that date to be amended so as to specify instead the date upon which expires the period of 12 months from the date on which the applicant is notified under sub-paragraph (10) below of the authority’s decision upon his application.

cause that date to be amended so as to specify instead the date upon which expires the period of 12 months from the date on which the applicant is notified under sub-paragraph (10) below of the authority’s decision upon his application.

the applicant may by notice appeal to the Secretary of State.

Postponement of the date specified in the first or second list for review of the permissions relating to a Phase I or II site in cases where the existing conditions are satisfactory

7

may apply to the mineral planning authority for the postponement of the date specified in that list in respect of that site as the date by which an application is to be made to the authority under paragraph 9 below (in this paragraph referred to as “the specified date”).

was first advertised in accordance with paragraph 5 above.

or

an application under sub-paragraph (1) above shall be made no later than the day upon which expires the period of three months from the day on which notice was given under paragraph 6(10) above of the mineral planning authority’s decision to add the site to or, as the case may be, so to amend the list in question.

and section 65(6) of that Act (offences) shall also have effect in relation to any certificate purporting to be the appropriate certificate.

and sub-paragraph (8) above shall apply accordingly.

Service on owners etc. of notice of preparation of the first and second lists

8

the authority shall serve a written reminder on that person, and such a reminder shall—

the authority shall serve a written reminder on that person, and such a reminder shall—

fail to comply with that requirement by the date specified for the purpose, they may at any later time serve or, as the case may be, cause to be displayed, such a written reminder and, in any such case, the date by which an application in relation to the mineral site in question is to be made under paragraph 9 below is the date upon which expires the period of three months from the date when the reminder was served or posted in accordance with the provisions of this sub-paragraph.

Applications for approval of conditions and appeals in cases where the conditions approved are not those proposed

9

and section 65(6) of that Act (offences) shall also have effect in relation to any certificate purporting to be the appropriate certificate.

and where the authority so serve such a notice the period of three months referred to in sub-paragraph (9) above shall run not from the authority having received the application but from the time when the authority have received all the further details specified in the notice.

which it is reasonable for the authority to request for the purpose of enabling them to determine the application.

Notice of determination of conditions to be accompanied by additional information in certain cases

10

Right to appeal against mineral planning authority’s determination of conditions etc.

11

the person who made the application may appeal to the Secretary of State.

Permissions ceasing to have effect

12

Reference of applications to the Secretary of State

13

shall apply, with any necessary modifications, as they apply to applications which fall to be determined by the mineral planning authority;

Two or more applicants

14

then for the purpose of the determination of the applications and any appeal against such a determination, this Schedule shall have effect as if the applications were a single application received by the authority on the date on which the later application was received by the authority and references to the applicant shall be read as references to either or any of the applicants.

Compensation

15

or

shall have effect as if an order made under section 97 of the 1990 Act . . ., had been confirmed by the Secretary of State under section 98 of the 1990 Act . . . at the time when the application in question was finally determined and, as so confirmed, had effect to modify those permissions to the extent specified in sub-paragraph (5) below.

Appeals: general procedural provisions

16

SCHEDULE 14

Power to carry out periodic reviews

A1

The mineral planning authority for an area in England may, in accordance with the provisions of this Schedule, cause one or more periodic reviews to be carried out of the mineral permissions relating to a mining site.

Duty to carry out periodic reviews

1

The mineral planning authority for an area in Wales shall, in accordance with the provisions of this Schedule, cause periodic reviews to be carried out of the mineral permissions relating to a mining site.

Interpretation

2

is a reference to the mining site, or some part of it, being the land to which the permission relates.

The first review date: mineral planning authorities in England

2A

The first review date: mineral planning authorities in Wales

2B

The relevant date for the purposes of a first periodic review

3

and paragraph 10(2) of Schedule 2 to the 1991 Act . . . (meaning of “finally determined”) shall apply for the purposes of this sub-paragraph as it applies for the purposes of section 22 of and Schedule 2 to the 1991 Act . . ..

the relevant date is the date falling fifteen years after the date upon which was granted the most recent mineral permission which relates to the site.

the relevant date shall be the date falling fifteen years after the date upon which the order took effect or, in a case where there is more than one such order, upon which the last of those orders to take effect took effect.

3A

Service of notice of first periodic review

4

the authority shall serve a written reminder on that person.

and

Application for postponement of the first review date

5

Application to determine the conditions to which the mineral permissions relating to a mining site are to be subject

6

and section 65(6) of the 1990 Act shall also have effect in relation to any certificate purporting to be the appropriate certificate.

and where the authority so serve such a notice the period of three months referred to in sub-paragraph (8) above shall run not from the authority having received the application but from the time when the authority have received all the further details specified in the notice.

which it is reasonable for the authority to request for the purpose of enabling them to determine the application.

Permissions ceasing to have effect

7

Where no application under paragraph 6 above in respect of a mining site has been served on the mineral planning authority by the first review date, or by such later date as may at any time be agreed upon in writing between the applicant and the authority, each mineral permission—

shall cease to have effect, except insofar as it imposes any restoration or aftercare condition, on the day following the first review date or, as the case may be, such later agreed date.

Reference of applications to the Secretary of State

8

Appeals

9

Time from which conditions determined under this Schedule are to take effect

10

Two or more applicants

11

then for the purpose of the determination of the applications and any appeal against such a determination, this Schedule shall have effect as if the applications were a single application received by the authority on the date on which the later application was received by the authority and references to the applicant shall be read as references to either or any of the applicants.

Second and subsequent periodic reviews

12

Compensation

13

is restricted or reduced in respect of the mining site in question.

SCHEDULE 15

Interpretation

1

In this Schedule—

General modifications of references to the National Rivers Authority

2

any provision to which this paragraph applies which contains, or falls to be construed as containing, a reference (however framed and whether or not in relation to an area) to the National Rivers Authority shall have effect on and after the transfer date as if that reference were a reference to the Agency.

Power to amend subordinate legislation etc.

3

The Diseases of Fish Act 1937

4

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

The Sea Fisheries Regulation Act 1966

5

The Sea Fish (Conservation) Act 1967

6

In section 18(1) of the Sea Fish (Conservation) Act 1967 (enforcement of orders relating to salmon and migratory trout)—

The Salmon and Freshwater Fisheries Act 1975

7

In section 5 of the Salmon and Freshwater Fisheries Act 1975 (prohibition of use of explosives, poisons, electrical devices etc) in subsection (2), the words following paragraph (b) (which require Ministerial approval for the giving of permission to use noxious substances) shall be omitted.

8

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

9

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

10

In section 9(1) of that Act (owner or occupier of certain dams or other obstructions to make fish passes of form and dimensions approved by the Minister) for the words “the Minister” there shall be substituted the words “ the Agency ”.

11
12

(1) Any approval given by the Agency to or in relation to a fish pass may, if in giving it the Agency indicates that fact, be provisional until the Agency notifies the applicant for approval that the pass is functioning to its satisfaction. (1A) The applicant for any such approval— (a) shall be liable to meet any costs incurred (whether by him or by the Agency or any other person) for the purposes of, or otherwise in connection with, the performance of the Agency’s function of determining for the purposes of subsection (1) above whether or not the fish pass in question is functioning to its satisfaction; and (b) shall provide the Agency with such information or assistance as it may require for the purpose of performing that function.

13

For section 14 of that Act (gratings) there shall be substituted—

(14) (1) This section applies in any case where— (a) by means of any conduit or artificial channel, water is diverted from waters frequented by salmon or migratory trout; and (b) any of the water so diverted is used for the purposes of a water or canal undertaking or for the purposes of any mill or fish farm; and in this section “the responsible person” means the owner of the water or canal undertaking or (as the case may be) the occupier of the mill or the owner or occupier of the fish farm. (2) Where this section applies, the responsible person shall, unless an exemption from the obligation is granted by the Agency, ensure (at his own cost) that there is placed and maintained at the entrance of, or within, the conduit or channel a screen which— (a) subject to subsection (4) below, prevents the descent of the salmon or migratory trout; and (b) in a case where any of the water diverted is used for the purposes of a fish farm, prevents the egress of farmed fish from the fish farm by way of the conduit or channel. (3) Where this section applies, the responsible person shall also, unless an exemption from the obligation is granted by the Agency, ensure (at his own cost) that there is placed and maintained across any outfall of the conduit or channel a screen which— (a) prevents salmon or migratory trout from entering the outfall; and (b) in a case where any of the water diverted is used for the purposes of a fish farm, prevents the egress of farmed fish from the fish farm by way of the outfall. (4) Where a screen is placed within any conduit or channel pursuant to subsection (2) above, the responsible person shall ensure that a continuous by-wash is provided immediately upstream of the screen, by means of which salmon or migratory trout may return by as direct a route as practicable to the waters from which they entered the conduit or channel (and accordingly nothing in subsection (2) or (3) above applies in relation to a by-wash provided for the purposes of this subsection). (5) Any screen placed, or by-wash provided, in pursuance of this section shall be so constructed and located as to ensure, so far as reasonably practicable, that salmon or migratory trout are not injured or damaged by it. (6) No such screen shall be so placed as to interfere with the passage of boats on any navigable canal. (7) Any exemption under subsection (2) or (3) above may be granted subject to conditions. (8) If any person who is required to do so by this section fails to ensure that a screen is placed or maintained, or that a by-wash is provided, in accordance with the provisions of this section, he shall be guilty of an offence. (9) In any proceedings for an offence under subsection (8) above, it shall, subject to subsection (10) below, be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or a person under his control. (10) If in any case the defence provided by subsection (9) above involves the allegation that the commission of the offence was due to an act or default of another person, or to reliance on information supplied by another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless— (a) at least seven clear days before the hearing, and (b) where he has previously appeared before a court in connection with the alleged offence, within one month of his first such appearance, he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession. (11) Any reference in subsection (10) above to appearing before a court includes a reference to being brought before a court. (12) The obligations imposed by subsections (2) to (6) above, except so far as relating to farmed fish, shall not be in force during such period (if any) in each year as may be prescribed by byelaw. (13) The obligations imposed by subsections (2) to (6) above on the occupier of a mill shall apply only where the conduit or channel was constructed on or after 18th July 1923. (14) Any reference in this section to ensuring that a screen is placed and maintained includes, in a case where the screen takes the form of apparatus the operation of which prevents the passage of fish of the descriptions in question, a reference to ensuring that the apparatus is kept in continuous operation. (15) In this section “by-wash” means a passage through which water flows.

14

(5) In this section “open”, in relation to a screen which consists of apparatus, includes the doing of anything which interrupts, or otherwise interferes with, the operation of the apparatus.

15

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

16

In section 18 of that Act (provisions supplementary to Part II) for subsection (2) (notice of application for Ministerial consent to the doing of certain acts to be given to the owner and occupier of the dam etc in question) there shall be substituted—

(2) The Agency shall not— (a) construct, abolish or alter any fish pass, or abolish or alter any free gap, in pursuance of section 10 above, or (b) do any work under section 15 above, unless reasonable notice of its intention to do so (specifying the section in question) has been served on the owner and occupier of the dam, fish pass or free gap, watercourse, mill race, cut, leat, conduit or other channel, with a plan and specification of the proposed work; and the Agency shall take into consideration any objections by the owner or occupier, before doing the proposed work.

17

In section 30 of that Act, the paragraph defining “fish farm” (which is superseded by amendments made by this Schedule) shall be omitted.

18

(4) In subsection (3) above, “the appropriate office of the Agency” means— (a) in a case where the person requiring the production of the licence or other authority specifies a particular office of the Agency for its production, that office; and (b) in any other case, any office of the Agency; and for the purposes of that subsection where a licence or other authority which any person has been required to produce is sent by post to an office of the Agency that licence or other authority shall be treated as produced by that person at that office.

19

After subsection (1A) of section 39 of that Act (application of Act to River Esk in Scotland) there shall be inserted—

(1B) Sections 31 to 34 and 36(2) of this Act shall, subject to the modifications set out in subsection (1C) below, apply throughout the catchment area of the River Esk in Scotland but a water bailiff shall exercise his powers under those sections as so applied only in relation to an offence— (a) against this Act; (b) against section 1 of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951; or (c) which is deemed to be an offence under this Act by virtue of section 211(6) of the Water Resources Act 1991, which he has reasonable cause to suspect has been committed in a place to which this Act applies by virtue of subsection (1)(b) above. (1C) The modifications referred to in subsection (1B) above are— (a) references in sections 31 to 34 of this Act to “this Act” shall be construed as including references to section 1 of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 (as applied to the River Esk by section 21 of that Act); and (b) in section 33— (i) references to a justice of the peace shall be construed as including references to a sheriff; and (ii) in subsection (2), the reference to an information on oath shall be construed as including a reference to evidence on oath.

.

20

In section 41(1) of that Act (general definitions) the following definitions shall be inserted at the appropriate places, that is to say—

  • “fish farm” has the same meaning as in the Diseases of Fish Act 1937;

; and

(b) “screen” means a grating or other device which, or any apparatus the operation of which, prevents— (a) the passage of salmon or migratory trout, and (b) if the screen is required in connection with a fish farm, the passage of any fish farmed at that fish farm, or any combination of devices or apparatus which, taken together, achieve that result;

; and the definition of “grating” shall be omitted.

21

In subsection (3) of section 43 of that Act (extent of Act to Scotland), after the words “(1A)” there shall be inserted the words “ , (1B), (1C) ”.

22

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

The Diseases of Fish Act 1983

23

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

The Salmon Act 1986

24

In section 37(3) of the Salmon Act 1986 (byelaws requiring consent of the National Rivers Authority) for the words “the National Rivers Authority has” there shall be substituted the words “ the Environment Agency has ”.

The Water Resources Act 1991

25

In section 115 of the Water Resources Act 1991, in subsection (1) (power by order to make provision in relation to an area defined by the order for the modification, in relation to the fisheries in that area, of the enactments specified in the paragraphs of that subsection) for paragraph (b) there shall be substituted—

(b) of section 142 or 156 below or paragraph 6 or 7 of Schedule 25 to this Act; or

26

SCHEDULE 16

1

The Control of Pollution Act 1974, as it has effect in Scotland, shall be amended in accordance with the following paragraphs.

2

After section 30E there shall be inserted the following sections—

(30F) (1) A person contravenes this section if he causes or knowingly permits any poisonous, noxious or polluting matter or any solid waste matter to enter any controlled waters. (2) A person contravenes this section if he causes or knowingly permits any matter, other than trade effluent or sewage effluent, to enter controlled waters by being discharged from a sewer or from a drain in contravention of a prohibition imposed under section 30G below. (3) A person contravenes this section if he causes or knowingly permits any trade effluent or sewage effluent to be discharged— (a) into any controlled waters; or (b) from land in Scotland, through a pipe, into the sea outside the seaward limits of controlled waters. (4) A person contravenes this section if he causes or knowingly permits any trade effluent or sewage effluent to be discharged, in contravention of any prohibition imposed under section 30G below, from a building or from any plant— (a) on to or into any land; or (b) into any waters of a loch or pond which are not inland waters. (5) A person contravenes this section if he causes or knowingly permits any matter whatever to enter any inland waters so as to tend (either directly or in combination with other matter which he or another person causes or permits to enter those waters) to impede the proper flow of the waters in a manner leading, or likely to lead, to a substantial aggravation of— (a) pollution due to other causes; or (b) the consequences of such pollution. (6) Subject to the following provisions of this Part, a person who contravenes this section 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. (30G) (1) For the purposes of section 30F above a discharge of any effluent or other matter is, in relation to any person, in contravention of a prohibition imposed under this section if, subject to the following provisions of this section— (a) SEPA has given that person notice prohibiting him from making or, as the case may be, continuing the discharge; or (b) SEPA has given that person notice prohibiting him from making or, as the case may be, continuing the discharge unless specified conditions are observed, and those conditions are not observed. (2) For the purposes of section 30F above a discharge of any effluent or other matter is also in contravention of a prohibition imposed under this section if the effluent or matter discharged— (a) contains a prescribed substance or a prescribed concentration of such a substance; or (b) derives from a prescribed process or from a process involving the use of prescribed substances or the use of such substances in quantities which exceed the prescribed amounts. (3) Nothing in subsection (1) above shall authorise the giving of a notice for the purposes of that subsection in respect of discharges from a vessel; and nothing in any regulations made by virtue of subsection (2) above shall require any discharge from a vessel to be treated as a discharge in contravention of a prohibition imposed under this section. (4) A notice given for the purposes of subsection (1) above shall expire at such time as may be specified in the notice. (5) The time specified for the purposes of subsection (4) above shall not be before the end of the period of three months beginning with the day on which the notice is given, except in a case where SEPA is satisfied that there is an emergency which requires the prohibition in question to come into force at such time before the end of that period as may be so specified. (6) Where, in the case of such a notice for the purposes of subsection (1) above as (but for this subsection) would expire at a time at or after the end of the said period of three months, an application is made before that time for a consent in pursuance of section 34 of this Act in respect of the discharge to which the notice relates, that notice shall be deemed not to expire until the result of the application becomes final— (a) on the grant or withdrawal of the application; (b) on the expiration, without the bringing of an appeal with respect to the decision on the application, of any period prescribed by virtue of section 39(2) below as the period within which any such appeal must be brought; or (c) on the withdrawal or determination of any such appeal. (30H) (1) For the purposes of section 30F above where— (a) any sewage effluent is discharged as mentioned in subsection (3) or (4) of that section from any sewer or works— (i) vested in a sewerage authority; or (ii) vested in a person other than a sewerage authority and forming (or forming part of) a system provided by him such as is mentioned in section 98(1)(b) of the Local Government etc. (Scotland) Act 1994; and (b) the authority or, as the case may be, the person did not cause or knowingly permit the discharge but was bound (either unconditionally or subject to conditions which were observed) to receive into the sewer or works matter included in the discharge, the authority or person shall be deemed to have caused the discharge. (2) A sewerage authority shall not be guilty of an offence under section 30F of this Act by reason only of the fact that a discharge from a sewer or works vested in the authority contravenes conditions of a consent relating to the discharge if— (a) the contravention is attributable to a discharge which another person caused or permitted to be made into the sewer or works; and (b) the authority either was not bound to receive the discharge into the sewer or works or was bound to receive it there subject to conditions but the conditions were not observed; and (c) the authority could not reasonably have been expected to prevent the discharge into the sewer or works; and a person shall not be guilty of such an offence in consequence of a discharge which he caused or permitted to be made into a sewer or works vested in a sewerage authority if the authority was bound to receive the discharge there either unconditionally or subject to conditions which were observed. (3) A person in whom any such sewer or works as is described in subsection (1)(a)(ii) above is vested (such person being in this subsection referred to as a “relevant person”) shall not be guilty of an offence under section 30F of this Act by reason only of the fact that a discharge from the sewer or works contravenes conditions of a consent relating to the discharge if— (a) the contravention is attributable to a discharge which another person caused or permitted to be made into the sewer or works; and (b) the relevant person either was not bound to receive the discharge into the sewer or works or was bound to receive it there subject to conditions but the conditions were not observed; and (c) the relevant person could not reasonably have been expected to prevent the discharge into the sewer or works; and another person shall not be guilty of such an offence in consequence of a discharge which he caused or permitted to be made into a sewer or works vested in a relevant person if the relevant person was bound to receive the discharge there either unconditionally or subject to conditions which were observed. (30I) (1) Subject to the following provisions of this section, a person shall not be guilty of an offence under section 30F above in respect of the entry of any matter into any waters or any discharge if the entry occurs or the discharge is made under and in accordance with, or as a result of, any act or omission under and in accordance with— (a) a consent in pursuance of section 34 of this Act or under Chapter II of Part III of the Water Resources Act 1991 (which makes corresponding provision for England and Wales); (b) an authorisation for a prescribed process designated for central control granted under Part I of the Environmental Protection Act 1990; (c) a waste management or disposal licence; (d) a licence granted under Part II of the Food and Environment Protection Act 1985; (e) section 33 of the Water (Scotland) Act 1980 (temporary discharge by authorities in connection with the construction of works); (f) any provision of a local Act or statutory order which expressly confers power to discharge effluent into water; or (g) any prescribed enactment. (2) Nothing in any disposal licence shall be treated for the purposes of subsection (1) above as authorising— (a) any such entry or discharge as is mentioned in subsections (2) to (4) of section 30F above; or (b) any act or omission so far as it results in any such entry or discharge. (3) In this section— - “disposal licence” means a licence issued in pursuance of section 5 of this Act; - “local Act” includes enactments in a public general Act which amend a local Act; - “statutory order” means an order, byelaw, scheme or award made under an Act of Parliament, including an order or scheme confirmed by Parliament or brought into operation in accordance with special parliamentary procedure; and - “waste management licence” means such a licence granted under Part II of the Environmental Protection Act 1990. (30J) (1) A person shall not be guilty of an offence under section 30F above in respect of the entry of any matter into any waters or any discharge if— (a) the entry is caused or permitted, or the discharge is made, in an emergency in order to avoid danger to life or health; (b) that person takes all such steps as are reasonably practicable in the circumstances for minimising the extent of the entry or discharge and of its polluting effects; and (c) particulars of the entry or discharge are furnished to SEPA as soon as reasonably practicable after the entry occurs. (2) A person shall not be guilty of an offence under section 30F above by reason of his causing or permitting any discharge of trade or sewage effluent from a vessel. (3) A person shall not be guilty of an offence under section 30F above by reason only of his permitting water from an abandoned mine or an abandoned part of a mine to enter controlled waters. (4) Subsection (3) 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. (5) In determining for the purposes of subsection (4) above whether a mine or part of a mine became abandoned before, on or after 31st December 1999 in a case where the mine or part has become abandoned on two or more occasions, of which— (a) at least one falls on or before that date, and (b) at least one falls after that date, the mine or part shall be regarded as becoming abandoned after that date (but without prejudice to the operation of subsection (3) above in relation to that mine or part at, or in relation to, any time before the first of those occasions which falls after that date). (6) Where, immediately before a part of a mine becomes abandoned, that part is the only part of the mine not falling to be regarded as abandoned for the time being, the abandonment of that part shall not be regarded for the purposes of subsection (4) or (5) above as constituting the abandonment of the mine, but only of that part of it. (7) A person shall not, otherwise than in respect of the entry of any poisonous, noxious or polluting matter into any controlled waters, be guilty of an offence under section 30F above by reason of his depositing the solid refuse of a mine or quarry on any land so that it falls or is carried into inland waters if— (a) he deposits the refuse on the land with the consent of SEPA; (b) no other site for the deposit is reasonably practicable; and (c) he takes all reasonably practicable steps to prevent the refuse from entering those inland waters. (8) A roads authority obliged or entitled to keep open a drain by virtue of section 31 of the Roads (Scotland) Act 1984 shall not be guilty of an offence under section 30F above by reason of its causing or permitting any discharge to be made from a drain kept open by virtue of that section unless the discharge is made in contravention of a prohibition imposed under section 30G above.

3

Sections 31(1), (2), (3), (7) and (10) (offences relating to pollution of rivers and coastal waters) and 32 (control of discharges of trade and effluent etc. into rivers and coastal waters etc.) shall cease to have effect.

4

In section 31(8) (maximum penalties) for the words “paragraphs (a) and (b) of the preceding subsection” there shall be substituted the words “ section 30F(6) above ”.

5

In section 31B(4)(d) (nitrate sensitive areas: maximum penalties) for the words “subsection (7) of section 31 above” there shall be substituted the words “ subsection (6) of section 30F above ”.

6

In section 34(3) (consents for discharges of trade and effluent) for the words “section 32(1)” there shall be substituted the words “ section 30F(2) to (4) ”.

7

In section 39(1)(a) (appeals to the Secretary of State) for the words “section 31(3)” there shall be substituted the words “ section 30J(4) ”.

8

In section 56(1) (interpretation etc of Part II) the following definitions shall be inserted in the appropriate places—

  • “drain” has the same meaning as in the Sewerage (Scotland) Act 1968;

; and

“sewer” has the same meaning as in the Sewerage (Scotland) Act 1968;

.

9

In section 87(3) (time-bar in relation to legal proceedings)—

SCHEDULE 17

Amendments of the Environmental Protection Act 1990

1

The Environmental Protection Act 1990 shall be amended in accordance with the provisions of paragraphs 2 to 7 of this Schedule.

2

In section 79 (statutory nuisances etc)—

and (d) in Scotland, a district or islands council or a council constituted under section 2 of the Local Government etc (Scotland) Act 1994;

;

“road” has the same meaning as in Part IV of the New Roads and Street Works Act 1991;

;

3

In section 80 (summary proceedings) in subsection (3) after the words “magistrate’s court” there shall be inserted the words “ or in Scotland, the sheriff ”;

4

In section 81 (supplementary provisions)—

5

In section 81A at the end, as subsection (10), and in section 81B at the end, as subsection (6), there shall be added—

(0) This section does not apply to Scotland.

.

6

In section 82 (proceedings by persons aggrieved)—

7

In Schedule 3 (statutory nuisance; supplementary provisions)—

(1A) (1) This paragraph applies in relation to appeals to the sheriff under section 80(3) against an abatement notice. (2) An appeal to which this paragraph applies shall be by way of a summary application. (3) The Secretary of State may make regulations as to appeals to which this paragraph applies and the regulations may in particular include or prescribe any of the matters referred to in sub-paragraphs (4)(a) to (d) of paragraph 1 above.

;

(8) In the application of this paragraph to Scotland, a reference to a justice of the peace or to a justice includes a reference to the sheriff.

;

(9) This paragraph does not apply to Scotland.

;

Amendments of the Radioactive Substances Act 1993

8

In the Radioactive Substances Act 1993, in Part II of Schedule 3—

(17A) Part III of the Environmental Protection Act 1990.

.

SCHEDULE 18

Interpretation

1

Issue of warrants

2

the justice or sheriff may by warrant authorise an enforcing authority to designate a person who shall be authorised to exercise the power in relation to those premises, in accordance with the warrant and, if need be, by force.

Manner of exercise of powers

3

A person designated as the person who may exercise a relevant power shall , if so required, produce evidence of his designation and other authority before he exercises the power.

Information obtained to be admissible in evidence

4

Duty to secure premises

5

A person who, in the exercise of a relevant power enters on any premises which are unoccupied or whose occupier is temporarily absent shall leave the premises as effectually secured against trespassers as he found them.

Compensation

6

SCHEDULE 19

The Control of Pollution Act 1974

1

(5) A person who, in an application for consent in pursuance of this section, makes any statement which he knows to be false or misleading in a material particular or recklessly makes any statement which is false or misleading in a material particular shall be guilty of an offence and shall be 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.

.

(3) A person who— (a) fails without reasonable excuse to comply with the requirements of a notice served on him in pursuance of this section; or (b) in furnishing any information in compliance with such a notice, makes any statement which he knows to be false or misleading in a material particular or recklessly makes any statement which is false or misleading in a material particular, shall be guilty of an offence. (3A) A person guilty of an offence under this section shall be liable— (a) on summary conviction, to a fine not exceeding the statutory maximum; or (b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.

.

The Water (Scotland) Act 1980

2

(8) Any person who in keeping a journal under subsection (1) or in furnishing information under subsection (2) or (3) makes any statement which he knows to be false or misleading in a material particular or recklessly makes any statement which is false or misleading in a material particular shall be guilty of an offence and shall be 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.

.

The Control of Pollution (Amendment) Act 1989

3

In section 7(3)(b) of the Control of Pollution (Amendment) Act 1989 (offences of making false statements), after the word “false” in each place where it occurs there shall be inserted the words “ or misleading ”.

The Environmental Protection Act 1990

4

(44) (1) A person who— (a) in purported compliance with a requirement to furnish any information imposed by or under any provision of this Part, or (b) for the purpose of obtaining for himself or another any grant of a licence, any modification of the conditions of a licence, any acceptance of the surrender of a licence or any transfer of a licence, makes a statement which he knows to be false or misleading in a material particular, or recklessly makes any statement which is false or misleading in a material particular, commits an offence. (2) A person who intentionally makes a false entry in any record required to be kept by virtue of a licence commits an offence. (3) A person who commits an offence under this section shall be 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.

The Water Resources Act 1991

5

(1) If, in furnishing any information or making any application under or for the purposes of any provision of this Act, any person makes a statement which he knows to be false or misleading in a material particular, or recklessly makes any statement which is false or misleading in a material particular, he shall be guilty of an offence under this section.

(3A) If a person intentionally makes a false entry in any record required to be kept by virtue of a licence under Chapter II of Part II of this Act, or a consent under Chapter II of Part III of this Act, he shall be guilty of an offence under this section.

(5) A person who is guilty of an offence under this section shall be 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.

The Radioactive Substances Act 1993

6

After section 34 of the Radioactive Substances Act 1993 (offences relating to disclosure of information about trade secrets etc) there shall be inserted—

(34A) (1) Any person who— (a) for the purpose of obtaining for himself or another any registration under section 7 or 10, any authorisation under section 13 or 14 or any variation of such an authorisation under section 17, or (b) in purported compliance with a requirement to furnish information imposed under section 31(1)(d), makes a statement which he knows to be false or misleading in a material particular, or recklessly makes a statement which is false or misleading in a material particular, shall be guilty of an offence. (2) Any person who intentionally makes a false entry in any record— (a) which is required to be kept by virtue of a registration under section 7 or 10 or an authorisation under section 13 or 14, or (b) which is kept in purported compliance with a condition which must be complied with if a person is to have the benefit of an exemption under section 8, 11 or 15, shall be guilty of an offence. (3) A person guilty of an offence under this section shall be 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.

SCHEDULE 20

Interpretation

1

In this Schedule—

Appointments

2

An appointment under section 114(1)(a) of this Act must be in writing and—

Powers of appointed person

3

Subject to the provisions of this Schedule, an appointed person shall, in relation to any appeal, matter or question to which his appointment relates, have the same powers and duties as the Secretary of State, other than—

Holding of local inquiries and other hearings by appointed persons

4

but this sub-paragraph is subject to sub-paragraph (3) below.

(appeals against decisions that information is not commercially confidential), or any matter involved in such an appeal, and any hearing held by virtue of this Schedule in connection with any such appeal or matter must be held in private.

Local inquiries under this Schedule: evidence and costs

5

Revocation of appointments and making of new appointments

6

Certain acts and omissions of appointed person to be treated as those of the Secretary of State

7

SCHEDULE 21

Part I — Enactments Relating to England and Wales

The Water Industry Act 1991

1

(221) (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 High Court may, on the application of the Environment Agency, a water undertaker or a sewerage undertaker, 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; and this subsection shall be construed as if section 38(3) of the Crown Proceedings Act 1947 (interpretation of references to Her Majesty in her private capacity) were contained in this Act. (6) Subject to subsections (4) and (5) above, the powers conferred by sections 155, 159, 161(2) and 167 above shall be exercisable in relation to land in which there is a Crown or Duchy interest only with the consent of the appropriate authority. (7) In this section— - “the appropriate authority” has the same meaning as it has in Part XIII of the Town and Country Planning Act 1990 by virtue of section 293(2) of that Act; - “Crown or Duchy interest” means an interest which belongs to Her Majesty in right of the Crown or of the Duchy of Lancaster, or to the Duchy of Cornwall, 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 (3) of section 293 of the Town and Country Planning Act 1990 (questions relating to Crown application) as to the determination of questions shall apply for the purposes of this section.

The Water Resources Act 1991

2

(222) (1) Subject to the provisions of this section, this Act binds 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 High Court may, on the application of the Agency, declare unlawful any act or omission of the Crown which constitutes such a contravention. (3) Notwithstanding anything in subsection (2) above, the provisions of this Act shall apply to persons in the public service of the Crown as they apply to other persons. (4) If the Secretary of State certifies that it appears to him, as respects any Crown premises and any powers of entry exercisable in relation to them specified in the certificate, that it is requisite or expedient that, in the interests of national security, the powers should not be exercisable in relation to those premises, those powers shall not be exercisable in relation to those premises. (5) Subject to subsection (4) above, the powers conferred by sections 154, 156, 160, 162(3) and 168 above shall be exercisable in relation to land in which there is a Crown or Duchy interest only with the consent of the appropriate authority. (6) Nothing in this section shall be taken as in any way affecting Her Majesty in her private capacity; and this subsection shall be construed as if section 38(3) of the Crown Proceedings Act 1947 (interpretation of references to Her Majesty in her private capacity) were contained in this Act. (7) Nothing in this Act, as read with the other provisions of this section, shall be construed as conferring any power of levying drainage charges in respect of lands below the high-water mark of ordinary spring tides. (8) Section 74 of the Land Drainage Act 1991 (Crown application), so far as it relates to land in which there is a Crown or Duchy interest, shall apply in relation to the flood defence provisions of this Act as it applies in relation to that Act; but nothing in this subsection shall affect any power conferred by this Act for the purposes both of the Agency’s functions under those provisions and of other functions of the Agency. (9) In this section— - “the appropriate authority” has the same meaning as it has in Part XIII of the Town and Country Planning Act 1990 by virtue of section 293(2) of that Act; - “Crown or Duchy interest” means an interest which belongs to Her Majesty in right of the Crown or of the Duchy of Lancaster, or to the Duchy of Cornwall, 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. (10) The provisions of subsection (3) of section 293 of the Town and Country Planning Act 1990 (questions relating to Crown application) as to the determination of questions shall apply for the purposes of this section.

Part II — Enactments Relating to Scotland

The Sewerage (Scotland) Act 1968

3

For section 55 of the Sewerage (Scotland) Act 1968 (Crown application) there shall be substituted—

(55) (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 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 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) In this section “Crown premises” means premises held by or on behalf of the Crown.

.

The Control of Pollution Act 1974

4

For subsection (3) of section 105 of the Control of Pollution Act 1974 (application to Crown) as it has effect in relation to Scotland, there shall be substituted the following subsections—

(3) Subject to subsections (3A) to (3D) below, this Act shall bind the Crown. (3A) 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) the Scottish Environment Protection Agency; or (b) any other public or local authority charged with enforcing that provision, declare unlawful any act or omission of the Crown which constitutes such a contravention. (3B) Notwithstanding anything in subsection (3A) 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. (3C) If the Secretary of State certifies that it appears to him, as respects any Crown premises and any powers of entry exercisable in relation to them specified in the certificate, that it is requisite or expedient that, in the interests of national security, the powers should not be exercisable in relation to those premises, those powers shall not be exercisable in relation to those premises; and in this subsection “Crown premises” means premises held or used by or on behalf of the Crown. (3D) Nothing in this section shall be taken as in any way affecting Her Majesty in her private capacity.

The Water (Scotland) Act 1980

5

After section 110 of the Water (Scotland) Act 1980 there shall be inserted—

(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.

.

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.

.

SCHEDULE 22

The Alkali, &c., Works Regulation Act 1906

1

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

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

“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

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

6

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

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)—

(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

The Sewerage (Scotland) Act 1968

12

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

The Prevention of Oil Pollution Act 1971

15

(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.

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)—

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

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

;

20

(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

21

(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.

22
23
24
25

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

26

(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)—

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

;

“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

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

(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

(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.

.

(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

(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.

(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.

(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.

(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.

(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.

;

(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.

.

(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.

.

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

(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.

  • “operations” includes works;

.

(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.

.

“ “SEPA” means the Scottish Environment Protection Agency; ”

The Health and Safety at Work etc. Act 1974

30

shall be omitted;

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

;

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—

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

(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

(b) the Scottish Environment Protection Agency.

and (ii) to the Scottish Environment Protection Agency.

The Criminal Justice (Scotland) Act 1980

35

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

The Road Traffic Regulation Act 1984

36

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).

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

.

The Control of Pollution (Amendment) Act 1989

37

(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.

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

(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.

“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

(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”).

(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

(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;

.

(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.

(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) 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.

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

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

.

50

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

51

(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.

(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.

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

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

(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.

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)—

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

; and

57
58

(6) Subsections (5) and (10) of section 15 above shall apply in relation to an appeal under subsection (5) above as they apply in relation to an appeal under that section, but— (a) subsection (5) 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) above is subject to section 114 of the Environment Act 1995 (delegation or reference of appeals etc).

59
60
61
62

(1) Any reference in this Part to a waste regulation authority— (a) in relation to England and Wales, is a reference to the Environment Agency; and (b) in relation to Scotland, is a reference to the Scottish Environment Protection Agency; and any reference in this Part to the area of a waste regulation authority shall accordingly be taken as a reference to the area over which the Environment Agency or the Scottish Environment Protection Agency, as the case may be, exercises its functions or, in the case of any particular function, the function in question.

shall cease to have effect.

63

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

64

In section 33 of that Act (prohibition on unauthorised or harmful deposit, treatment or disposal etc of waste) in subsection (7) (defences) for paragraph (c) there shall be substituted—

(c) that the acts alleged to constitute the contravention were done in an emergency in order to avoid danger to human health in a case where— (i) he took all such steps as were reasonably practicable in the circumstances for minimising pollution of the environment and harm to human health; and (ii) particulars of the acts were furnished to the waste regulation authority as soon as reasonably practicable after they were done.

65

In section 34 of that Act (duty of care etc as respects waste), after subsection (3) (which specifies the persons who are authorised persons for the purposes of subsection (1)(c)) there shall be inserted—

(3A) The Secretary of State may by regulations amend subsection (3) above so as to add, whether generally or in such circumstances as may be prescribed in the regulations, any person specified in the regulations, or any description of person so specified, to the persons who are authorised persons for the purposes of subsection (1)(c) above.

66

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

67

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

68

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

69

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

70

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

71

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

72

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

73

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

74

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

75

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

76

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

77

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

78

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

79

Section 61 of that Act (duty of waste regulation authorities as respects closed landfills) shall cease to have effect.

80

(a) for the supervision by waste regulation authorities— (i) of activities authorised by virtue of the regulations or of activities by virtue of carrying on which persons are subject to provisions of the regulations, or (ii) of persons who carry on activities authorised by virtue of the regulations or who are subject to provisions of the regulations, and for the recovery from persons falling within sub-paragraph (ii) above of the costs incurred by waste regulation authorities in performing functions conferred upon those authorities by the regulations;

.

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

81

In section 63 of that Act (waste other than controlled waste) for subsection (2) (offences relating to the deposit of waste which is not controlled waste but which, if it were such waste, would be special waste) there shall be substituted—

(2) A person who deposits, or knowingly causes or knowingly permits the deposit of, any waste— (a) which is not controlled waste, but (b) which, if it were controlled waste, would be special waste, in a case where he would be guilty of an offence under section 33 above if the waste were special waste and any waste management licence were not in force, shall, subject to subsection (3) below, be guilty of that offence and punishable as if the waste were special waste.

82

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

83

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

84

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

85

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

86
87

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

88

(2) “Waste” means any substance or object in the categories set out in Schedule 2B to this Act which the holder discards or intends or is required to discard; and for the purposes of this definition— - “holder” means the producer of the waste or the person who is in possession of it; and - “producer” means any person whose activities produce waste or any person who carries out pre-processing, mixing or other operations resulting in a change in the nature or composition of this waste.

(10) Schedule 2B to this Act (which reproduces Annex I to the Waste Directive) shall have effect. (11) Subsection (2) above is substituted, and Schedule 2B to this Act is inserted, for the purpose of assigning to “waste” in this Part the meaning which it has in the Waste Directive by virtue of paragraphs (a) to (c) of Article 1 of, and Annex I to, that Directive, and those provisions shall be construed accordingly. (12) In this section “the Waste Directive” means the directive of the Council of the European Communities, dated 15th July 1975, on waste, as amended by— (a) the directive of that Council, dated 18th March 1991, amending directive 75/442/EEC on waste; and (b) the directiveof that Council, dated 23rd December 1991, standardising and rationalising reports on the implementation of certain Directives relating to the environment.

89

(1A) No matter shall constitute a statutory nuisance to the extent that it consists of, or is caused by, any land being in a contaminated state. (1B) Land is in a “contaminated state” for the purposes of subsection (1A) above if, and only if, it is in such a condition, by reason of substances in, on or under the land, that— (a) harm is being caused or there is a possibility of harm being caused; or (b) pollution of controlled waters is being, or is likely to be, caused; and in this subsection “harm”, “pollution of controlled waters” and “substance” have the same meaning as in Part IIA of this Act.

.

90

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

91

Section 143 of that Act (public registers of land which may be contaminated) shall cease to have effect.

92

In section 161 of that Act (regulations and orders) in subsection (4) (which specifies the orders under that Act which are not subject to negative resolution procedure under subsection (3)) after the words “does not apply to” there shall be inserted the words

a statutory instrument— (a) which contains an order under section 78M(4) above, or (b) by reason only that it contains

.

93

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

(8) (1) The Secretary of State may give directions to the enforcing authority requiring that any particular application or any class of applications for the variation of an authorisation shall be transmitted to him for determination pending a further direction under sub-paragraph (5) below. (2) The enforcing authority shall inform the applicant of the fact that his application is being transmitted to the Secretary of State. (3) Where an application for the variation of an authorisation is referred to him under sub-paragraph (1) above the Secretary of State may— (a) cause a local inquiry to be held in relation to the application; or (b) afford the applicant and the authority concerned an opportunity of appearing before and being heard by a person appointed by the Secretary of State; and he shall exercise one of the powers under this sub-paragraph in any case where, in the manner prescribed by regulations made by the Secretary of State, a request is made to be heard with respect to the application by the applicant or the enforcing authority concerned. (4) Subsections (2) to (5) of section 250 of the Local Government Act 1972 (supplementary provisions about local inquiries under that section) or, in relation to Scotland, subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 (which make similar provision) shall, without prejudice to the generality of subsection (1) of either of those sections, apply to local inquiries or other hearings in pursuance of sub-paragraph (3) above as they apply to inquiries in pursuance of either of those sections and, in relation to England and Wales, as if the reference to a local authority in subsection (4) of the said section 250 included a reference to the enforcing authority. (5) The Secretary of State shall, on determining any application transferred to him under this paragraph, give to the enforcing authority such a direction as he thinks fit as to whether it is to grant the application and, if so, as to the conditions that are to be attached to the authorisation by means of the variation notice. (9) The Secretary of State may give the enforcing authority a direction with respect to any particular application or any class of applications for the variation of an authorisation requiring the authority not to determine or not to proceed with the application or applications of that class until the expiry of any such period as may be specified in the direction, or until directed by the Secretary of State that they may do so, as the case may be. (10) (1) Except in a case where an application for the variation of an authorisation has been referred to the Secretary of State under paragraph 8 above and subject to sub-paragraph (3) below, the enforcing authority shall determine an application for the variation of an authorisation within the period of four months beginning with the day on which it received the application or within such longer period as may be agreed with the applicant. (2) If the enforcing authority fails to determine an application for the variation of an authorisation within the period allowed by or under this paragraph the application shall, if the applicant notifies the authority in writing that he treats the failure as such, be deemed to have been refused at the end of that period. (3) The Secretary of State may, by order, substitute for the period for the time being specified in sub-paragraph (1) above such other period as he considers appropriate and different periods may be substituted for different classes of application.

94

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

95

After Schedule 2A to that Act there shall be inserted—

SCHEDULE 2B (1) Production or consumption residues not otherwise specified below. (2) Off-specification products. (3) Products whose date for appropriate use has expired. (4) Materials spilled, lost or having undergone other mishap, including any materials, equipment, etc, contaminated as a result of the mishap. (5) Materials contaminated or soiled as a result of planned actions (e.g. residues from cleaning operations, packing materials, containers, etc.). (6) Unusable parts (e.g. reject batteries, exhausted catalysts, etc.). (7) Substances which no longer perform satisfactorily (e.g. contaminated acids, contaminated solvents, exhausted tempering salts, etc.). (8) Residues of industrial processes (e.g. slags, still bottoms, etc.). (9) Residues from pollution abatement processes (e.g. scrubber sludges, baghouse dusts, spent filters, etc.). (10) Machining or finishing residues (e.g. lathe turnings, mill scales, etc.). (11) Residues from raw materials extraction and processing (e.g. mining residues, oil field slops, etc.). (12) Adulterated materials (e.g. oils contaminated with PCBs, etc.). (13) Any materials, substances or products whose use has been banned by law. (14) Products for which the holder has no further use (e.g. agricultural, household, office, commercial and shop discards, etc.). (15) Contaminated materials, substances or products resulting from remedial action with respect to land. (16) Any materials, substances or products which are not contained in the above categories.

The Natural Heritage (Scotland) Act 1991

96

(5) A control area shall comprise an area or areas shown in a map or plan contained in the order.

(26A) In this Act “SEPA” means the Scottish Environment Protection Agency.

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

;

(1) Before making an application for a drought order, the applicant shall consult— (a) SEPA, in a case where notice of the application is required to be served on it under this paragraph; and (b) any district salmon fishery board on whom notice of the application is required to be served under this paragraph.

;

(c) SEPA.

;

The Water Industry Act 1991

97

In section 3 of the Water Industry Act 1991 (general environmental and recreational duties) in subsection (4) (which imposes duties on the Director and relevant undertakers in relation to proposals relating to functions of the National Rivers Authority etc) for the words “the NRA”, in each place where they occur, there shall be substituted the words “ the Environment Agency ”.

98

In section 5 of that Act (codes of practice with respect to environmental duties) in subsection (4), in paragraph (a) (which requires consultation with the National Rivers Authority) for the words “the NRA” there shall be substituted the words “ the Environment Agency ”.

99

In section 40 of that Act (bulk supplies of water) in subsection (5) (which requires the Director to consult the National Rivers Authority before making an order) for the words “the NRA” there shall be substituted the words “ the Environment Agency ”.

100

In section 40A of that Act (variation and termination of bulk supply agreements) in subsection (3) (which requires the Director to consult the National Rivers authority before making an order) for the words “the NRA” there shall be substituted the words “ the Environment Agency ”.

101
102

After section 93 of that Act (interpretation of Part III) there shall be inserted—

(93A) (1) It shall be the duty of every water undertaker to promote the efficient use of water by its customers. (2) The duty of a water undertaker under this section shall be enforceable under section 18 above— (a) by the Secretary of State; or (b) with the consent of or in accordance with a general authorisation given by the Secretary of State, by the Director. (3) Nothing in this Part shall have effect to authorise or require a water undertaker to impose any requirement on any of its customers or potential customers. (93B) (1) The Director may require a water undertaker, in its performance of its duty under section 93A above, to— (a) take any such action; or (b) achieve any such overall standards of performance, as he may specify in the document imposing the requirement. (2) Where the Director, in the document imposing a requirement on a water undertaker under subsection (1) above, stipulates that any contravention of the requirement by the undertaker will be a breach of its duty under section 93A above, any contravention of that requirement by the undertaker shall be a breach of that duty. (3) Without prejudice to the generality of subsection (1) above, a requirement under that subsection may— (a) require a water undertaker to make available to its customers or potential customers such facilities as may be specified in the document imposing the requirement; (b) require a water undertaker to provide or make available to its customers or potential customers such information as may be specified in the document imposing the requirement, and may specify the form in which, the times at which or the frequency with which any such information is to be provided or made available. (4) In exercising his powers under this section in relation to any water undertaker the Director shall have regard to the extent to which water resources are available to that undertaker. (5) Before imposing any requirement on a water undertaker under subsection (1) above the Director shall consult that undertaker. (6) Nothing in this section authorises the Director to impose any requirement on a water undertaker which has or may have the effect of authorising or requiring that undertaker to impose any requirement on any of its customers or potential customers. (93C) (1) Where, under section 93B(1) above, the Director imposes any requirement on a water undertaker, the Director may arrange for that requirement to be publicised in any such manner as he may consider appropriate for the purpose of bringing it to the attention of that undertaker’s customers. (2) Without prejudice to the generality of subsection (1) above, the Director may arrange for such publicising of the requirement as is mentioned in that subsection by— (a) himself publicising the requirement or causing it to be publicised; or (b) directing the undertaker to inform or arrange to inform its customers of the requirement. (93D) (1) Where a water undertaker is subject to any requirement imposed under section 93B(1) above, the Director may arrange for there to be given to the customers of that undertaker at any such times or with such frequency, and in any such manner, as he may consider appropriate, such information about the level of performance achieved by the undertaker in relation to that requirement as appears to the Director to be expedient to be given to those customers. (2) Without prejudice to the generality of subsection (1) above, the Director may arrange for such giving of information as is mentioned in that subsection by— (a) himself disseminating the information or causing it to be disseminated; or (b) directing the undertaker to give or arrange to give the information to its customers. (3) At such times and in such form or manner as the Director may direct, a water undertaker shall provide the Director with such information as may be specified in the direction in connection with the undertaker’s performance in relation to any requirement imposed upon the undertaker under section 93B(1) above. (4) A water undertaker who fails without reasonable excuse to do anything required of him by virtue of subsection (3) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

.

103

After section 101 of that Act (which provides for the determination of certain details in relation to requisitioned sewers) there shall be inserted—

(101A) (1) Without prejudice to section 98 above, it shall be the duty of a sewerage undertaker to provide a public sewer to be used for the drainage for domestic sewerage purposes of premises in a particular locality in its area if the conditions specified in subsection (2) below are satisfied. (2) The conditions mentioned in subsection (1) above are— (a) that the premises in question, or any of those premises, are premises on which there are buildings each of which, with the exception of any shed, glasshouse or other outbuilding appurtenant to a dwelling and not designed or occupied as living accommodation, is a building erected before, or whose erection was substantially completed by, 20th June 1995; (b) that the drains or sewers used for the drainage for domestic sewerage purposes of the premises in question do not, either directly or through an intermediate drain or sewer, connect with a public sewer; and (c) that the drainage of any of the premises in question in respect of which the condition specified in paragraph (a) above is satisfied is giving, or is likely to give, rise to such adverse effects to the environment or amenity that it is appropriate, having regard to any guidance issued under this section by the Secretary of State and all other relevant considerations, to provide a public sewer for the drainage for domestic sewerage purposes of the premises in question. (3) Without prejudice to the generality of subsection (2)(c) above, regard shall be had to the following considerations, so far as relevant, in determining whether it is appropriate for any sewer to be provided by virtue of this section— (a) the geology of the locality in question or of any other locality; (b) the number of premises, being premises on which there are buildings, which might reasonably be expected to be drained by means of that sewer; (c) the costs of providing that sewer; (d) the nature and extent of any adverse effects to the environment or amenity arising, or likely to arise, as a result of the premises or, as the case may be, the locality in question not being drained by means of a public sewer; and (e) the extent to which it is practicable for those effects to be overcome otherwise than by the provision (whether by virtue of this section or otherwise) of public sewers, and the costs of so overcoming those effects. (4) Guidance issued by the Secretary of State under this section may— (a) relate to how regard is to be had to the considerations mentioned in paragraphs (a) to (e) of subsection (3) above; (b) relate to any other matter which the Secretary of State considers may be a relevant consideration in any case and to how regard is to be had to any such matter; (c) set out considerations, other than those mentioned in paragraphs (a) to (e) of subsection (3) above, to which (so far as relevant) regard shall be had in determining whether it is appropriate for any sewer to be provided by virtue of this section; (d) relate to how regard is to be had to any such consideration as is mentioned in paragraph (c) above; (e) without prejudice to paragraphs (a) to (d) above, relate to how a sewerage undertaker is to discharge its functions under this section. (5) Before issuing guidance under this section the Secretary of State shall consult— (a) the Environment Agency; (b) the Director; and (c) such other bodies or persons as he considers appropriate; and the Secretary of State shall arrange for any guidance issued by him under this section to be published in such manner as he considers appropriate. (6) Subject to the following provisions of this section, the duty of a sewerage undertaker by virtue of subsection (1) above shall be enforceable under section 18 above— (a) by the Secretary of State; or (b) with the consent of or in accordance with a general authorisation given by the Secretary of State, by the Director. (7) Any dispute between a sewerage undertaker and an owner or occupier of any premises in its area as to— (a) whether the undertaker is under a duty by virtue of subsection (1) above to provide a public sewer to be used for any such drainage of those premises as is mentioned in that subsection; (b) the domestic sewerage purposes for which any such sewer should be provided; or (c) the time by which any such duty of the undertaker should be performed, shall be determined by the Environment Agency, and may be referred to the Environment Agency for determination by either of the parties to the dispute. (8) The Environment Agency— (a) shall notify the parties of the reasons for its decision on any dispute referred to it under subsection (7) above; and (b) may make any such recommendations, or give any such guidance, relating to or in connection with the drainage of the premises or locality in question as it considers appropriate. (9) The decision of the Environment Agency on any dispute referred to it under subsection (7) above shall be final. (10) A sewerage undertaker shall only be taken to be in breach of its duty under subsection (1) above where, and to the extent that, it has accepted, or the Environment Agency has determined under this section, that it is under such a duty and where any time accepted by it, or determined by the Environment Agency under this section, as the time by which the duty is to that extent to be performed has passed.

.

104

In section 110A of that Act (new connections with public sewers) in subsection (6) (which requires the Director to consult the National Rivers Authority before making an order) for the words “the NRA” there shall be substituted the words “ the Environment Agency ”.

105

(9) If a sewerage undertaker fails, within the period provided by subsection (2) above, to refer to the Environment Agency any question which he is required by subsection (1) above to refer to the Agency, the undertaker shall be guilty of an offence and liable— (a) on summary conviction, to a fine not exceeding the statutory maximum; (b) on conviction on indictment, to a fine. (10) If the Environment Agency becomes aware of any such failure as is mentioned in subsection (9) above, the Agency may— (a) if a consent under this Chapter to make discharges of any special category effluent has been granted on the application in question, exercise its powers of review under section 127 or 131 below, notwithstanding anything in subsection (2) of the section in question; or (b) in any other case, proceed as if the reference required by this section had been made.

106

In section 123 of that Act (appeals with respect to the discharge of special category effluent) for the words “the Secretary of State” or “the Secretary of State’s”, wherever occurring, there shall be substituted respectively the words “ the Environment Agency ” or “ the Environment Agency’s ”.

107

In section 127 of that Act (review by the Secretary of State of consents relating to special category effluent) for the words “the Secretary of State” or “the Secretary of State’s”, wherever occurring, there shall be substituted respectively the words “ the Environment Agency ” or “ the Environment Agency’s ”.

108

(7) If a sewerage undertaker fails, before giving any consent or entering into any agreement with respect to any such operations as are mentioned in paragraph (a) of subsection (1) above, to refer to the Environment Agency any question which he is required by that subsection to refer to the Agency, the undertaker shall be guilty of an offence and liable— (a) on summary conviction, to a fine not exceeding the statutory maximum; (b) on conviction on indictment, to a fine. (8) If the Environment Agency becomes aware— (a) that a sewerage undertaker and the owner or occupier of any trade premises are proposing to enter into any such agreement as is mentioned in subsection (1) above, and (b) that the sewerage undertaker has not referred to the Agency any question which it is required to refer to the Agency by that subsection, the Agency may proceed as if the reference required by that subsection had been made. (9) If the Environment Agency becomes aware that any consent has been given or agreement entered into with respect to any such operations as are mentioned in paragraph (a) of subsection (1) above without the sewerage undertaker in question having referred to the Environment Agency any question which he is required by that subsection to refer to the Agency, the Agency may exercise its powers of review under section 127 above or, as the case may be, section 131 below, notwithstanding anything in subsection (2) of the section in question.

109

In section 131 of that Act (review by the Secretary of State of agreements relating to special category effluent) for the words “the Secretary of State” or “the Secretary of State’s”, wherever occurring, there shall be substituted respectively the words “ the Environment Agency ” or “ the Environment Agency’s ”.

110
111

In section 133 of that Act (effect of determination on reference or review) for subsection (4) (duties of sewerage undertaker to be enforceable under section 18 by the Secretary of State) there shall be substituted—

(5) A sewerage undertaker which fails to perform its duty under subsection (1) above shall be guilty of an offence and liable— (a) on summary conviction, to a fine not exceeding the statutory maximum; (b) on conviction on indictment, to a fine. (6) The Environment Agency may, for the purpose of securing compliance with the provisions of a notice under section 132 above, by serving notice on the sewerage undertaker in question and on the person specified in section 132(2)(a)(ii) above, vary or revoke— (a) any consent given under this Chapter to make discharges of any special category effluent, or (b) any agreement under section 129 above.

112

In section 134 of that Act (compensation in respect of determinations made for the protection of public health etc)—

113

After section 135 there shall be inserted—

(135A) (1) For the purpose of the discharge of its functions under this Chapter, the Environment Agency may, by notice in writing served on any person, require that person to furnish such information specified in the notice as that Agency reasonably considers it needs, in such form and within such period following service of the notice, or at such time, as is so specified. (2) A person who— (a) fails, without reasonable excuse, to comply with a requirement imposed under subsection (1) above, or (b) in furnishing any information in compliance with such a requirement, makes any statement which he knows to be false or misleading in a material particular, or recklessly makes a statement which is false or misleading in a material particular, shall be guilty of an offence. (3) A person guilty of an offence under subsection (2) above shall be 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.

114

(3A) The power of a sewerage undertaker to charge, by virtue of subsection (1) above, for any services provided in the course of carrying out its duty under section 101A(1) above shall be exercisable only by or in accordance with a charges scheme under section 143 below.

115

In section 143 of that Act (charges schemes) after subsection (3) (charges which may be imposed in certain cases) there shall be inserted—

(3A) A sewerage undertaker is under a duty to ensure that any charges scheme made by the undertaker, so far as having effect to recover the undertaker’s costs of providing a sewer by virtue of its duty under section 101A(1) above, causes those costs to be borne by the undertaker’s customers generally; and a sewerage undertaker’s duty under this subsection shall be enforceable under section 18 above— (a) by the Secretary of State; or (b) with the consent of or in accordance with a general authorisation given by the Secretary of State, by the Director.

116

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

117

In section 161 of that Act (power to deal with foul water and pollution) in subsections (3) and (4) for the words “the NRA”, wherever occurring, there shall be substituted the words “ the Environment Agency ”.

118

In section 166 of that Act (consents for certain discharges under section 165) in subsection (1) (which requires the consent of the National Rivers Authority to certain discharges) for the words “the NRA” there shall be substituted the words “ the Environment Agency ”.

119

In section 184 of that Act (power of certain undertakers to alter public sewers etc) in subsection (1) for the words “NRA”, in each place where it occurs, there shall be substituted the words “ Environment Agency ”.

120

In section 202 of that Act (duties of undertakers to furnish the Secretary of State with information) in subsection (6) (which defines the expression “the other consolidation Acts”) for the words “the NRA” there shall be substituted the words “ the Environment Agency ”.

121
122

In section 209 of that Act (civil liability of undertakers for escapes of water etc) in subsection (3) (exceptions for loss sustained by other public undertakers) for the words “the NRA” there shall be substituted the words “ the Environment Agency ”.

123

In section 215 of that Act (local inquiries) in subsection (3) (application of section 250(4) of the Local Government Act 1972 in relation to the National Rivers Authority) for the words “the NRA”, in each place where they occur, there shall be substituted the words “ the Environment Agency ”.

124

In section 217 of that Act (construction of provisions conferring powers by reference to undertakers’ functions) for the words “NRA”, wherever occurring, there shall be substituted the words “ Environment Agency ”.

125

In section 219 of that Act (general interpretation) in subsection (1)—

126

In Schedule 11 to that Act (orders conferring compulsory works powers) in paragraph 1(3) (persons on whom copy notices are to be served) in paragraph (a), for the words “the NRA” there shall be substituted the words “ the Environment Agency ”.

127

In Schedule 13 to that Act (protective provisions in respect of certain undertakers) in paragraph 1, in sub-paragraphs (2) and (5)(a), for the words “the NRA”, wherever occurring, there shall be substituted the words “ the Environment Agency ”.

The Water Resources Act 1991

128

Subject to the other provisions of this Act, in the Water Resources Act 1991, for the word “Authority” or “Authority’s”, wherever occurring, other than in section 119(1), there shall be substituted respectively the word “ Agency ” or “ Agency’s ”.

129

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

130

In section 15 of that Act (general duties with respect to the water industry), in subsection (2)(a) (provisions conferring powers in the exercise of which the Ministers are to take into account the duties imposed on the Agency by subsection (1)) after the words “by virtue of” there shall be inserted the words “ the 1995 Act, ”.

131

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

132

In section 20 of that Act (water resources management schemes) in subsection (1) of that section (duty to enter into arrangements with water undertakers for the management or operation of certain waters etc) for the words “section 19(1) above” there shall be substituted the words “ section 6(2) of the 1995 Act ”.

133
134

In section 43 of that Act (appeals to the Secretary of State from decisions with respect to licences) after subsection (1) there shall be inserted—

(1A) This section is subject to section 114 of the 1995 Act (delegation or reference of appeals etc).

135
136

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

137

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

138

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

139

(1) If the Secretary of State is satisfied that, by reason of an exceptional shortage of rain, there exists or is threatened— (a) a serious deficiency of supplies of water in any area, or (b) such a deficiency in the flow or level of water in any inland waters as to pose a serious threat to any of the flora or fauna which are dependent on those waters, then,

.

140

After section 79 of that Act (compensation and charges where drought order made) there shall be inserted—

(79A) (1) If the Agency is satisfied that, by reason of an exceptional shortage of rain, a serious deficiency of supplies of water in any area exists or is threatened then, subject to the following provisions of this section, it may, upon the application of a water undertaker which supplies water to premises in that area, issue to that undertaker a drought permit making such provision authorised by this section as appears to the Agency to be expedient with a view to meeting the deficiency. (2) A drought permit may contain any of the following provisions, that is to say— (a) provision authorising the water undertaker to which it is issued to take water from any source specified in the permit subject to any conditions or restrictions so specified; (b) provision suspending or modifying, subject to any conditions specified in the permit, any restriction or obligation to which that undertaker is subject as respects the taking of water from any source. (3) A drought permit shall specify— (a) the day on which it comes into force; and (b) the period for which, subject to subsections (4) and (5) below, any authorisation given, or suspension or modification effected, by the permit is to have effect. (4) Subject to subsection (5) below, the period for which— (a) an authorisation given by a drought permit, or (b) a suspension or modification effected by such a permit, has effect shall expire before the end of the period of six months beginning with the day on which the permit comes into force. (5) At any time before the expiration of the period for which such an authorisation, suspension or modification has effect, the Agency may, by giving notice to the water undertaker to which the permit in question was issued, extend that period, but not so as to extend it beyond the end of the period of one year beginning with the day on which the permit came into force. (6) A drought permit which— (a) authorises the taking of water from a source from which water is supplied to an inland navigation; or (b) suspends or modifies— (i) a restriction as respects the taking of water from a source from which water is supplied to an inland navigation; or (ii) an obligation to discharge compensation water into a canal or into any river or stream which forms part of, or from which water is supplied to, an inland navigation, shall not be issued without the consent of every navigation authority exercising functions over any or all of the parts of the canal or inland navigation in question which are affected by the permit. (7) Schedule 8 to this Act shall have effect with respect to the procedure on an application for a drought permit as it has effect with respect to the procedure on an application for a drought order, but with the following modifications, that is to say— (a) with the substitution for any reference to a drought order of a reference to a drought permit; (b) with the substitution for any reference to the Secretary of State of a reference to the Agency; (c) with the omission of the reference to the Agency in the Table in paragraph 1; (d) with the insertion, in paragraph 1(3)(c), of a requirement that the notice in question shall specify the address at which any objections are to be made to the Agency; and (e) with the omission— (i) of paragraph 2(1)(a) and the word “either” immediately preceding it, and (ii) of paragraph 2(6). (8) For the purposes of sections 125 to 129 below any water authorised by a drought permit to be abstracted from a source of supply shall be treated as if it had been authorised to be so abstracted by a licence granted under Chapter II of this Part, whether the water undertaker to which the permit is issued is the holder of such a licence or not. (9) Section 79 above and Schedule 9 to this Act shall apply in relation to drought permits and their issue as they apply in relation to ordinary drought orders and their making. (10) A drought permit may— (a) make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and (b) contain such supplemental, consequential and transitional provisions as the Agency considers appropriate. (11) In this section— - “compensation water” has the same meaning as in section 77 above; - “drought permit” means a drought permit under this section; - “inland navigation” has the same meaning as in section 77 above.

141

In section 80 of that Act (offences against drought orders)—

142

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

143

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

144

In section 92 of that Act (requirements to take precautions against pollution) after subsection (2) (which includes provision for regulations to provide for appeals to the Secretary of State) there shall be added—

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

145

In section 96 of that Act (regulations with respect to consents required by virtue of section 93 etc, including provision with respect to appeals) after subsection (3) there shall be added—

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

146

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

147

(6) In subsection (1) 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.

148

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

149

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

150
151

(1) Where the Agency holds any funds, or any interest in any funds, which immediately before the transfer date the National Rivers Authority, by virtue of this subsection as originally enacted, was not permitted to use except for particular purposes, those funds or that interest shall not be used except for the purposes for which they could be used by virtue of this subsection as originally enacted. (1A) For the purposes of subsection (1) above, “the transfer date” has the same meaning as in Part I of the 1995 Act.

152

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

153

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

154

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

155

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156

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

157

In section 154 of that Act (compulsory purchase etc) in subsection (6), for the words “(including section 4 above) or otherwise” there shall be substituted the words “or otherwise (including section 37 of the 1995 Act (incidental general powers of the Agency))”.

158

In section 156 of that Act (acquisition of land etc for fisheries purposes) for the words “Without prejudice to section 4 above”, in each place where they occur, there shall be substituted the words “Without prejudice to section 37 of the 1995 Act (incidental general powers of the Agency)”.

159

In section 157 of that Act (restriction on disposals of compulsorily acquired land) for subsection (6) (meaning of “compulsorily acquired land”) there shall be substituted—

(6) In this section “compulsorily acquired land”, in relation to the Agency, means any land of the Agency which— (a) was acquired by the Agency compulsorily under the provisions of section 154 above or of an order under section 168 below; (b) was acquired by the Agency at a time when it was authorised under those provisions to acquire the land compulsorily; (c) being land which has been transferred to the Agency from the Authority by section 3 of the 1995 Act, was acquired by the Authority— (i) compulsorily, under the provisions of section 154 above or of an order under section 168 below or under the provisions of section 151 of the Water Act 1989 or of an order under section 155 of that Act; or (ii) at a time when it was authorised under those provisions to acquire the land compulsorily; (d) being land— (i) which has been so transferred, and (ii) which was transferred to the Authority in accordance with a scheme under Schedule 2 to the Water Act 1989, was acquired by a predecessor of the Authority compulsorily under so much of any enactment in force at any time before 1st September 1989 as conferred powers of compulsory acquisition; or (e) being land transferred as mentioned in sub-paragraphs (i) and (ii) of paragraph (d) above, was acquired by such a predecessor at a time when it was authorised to acquire the land by virtue of any such powers as are mentioned in that paragraph.

160

In section 158 of that Act (works agreements for water resources purposes) in subsection (1) (which is expressed to be without prejudice to the generality of the powers conferred by section 4) for the words “section 4 above” there shall be substituted the words “section 37 of the 1995 Act (incidental general powers of the Agency)”.

161

(1A) Without prejudice to the power of the Agency to carry out investigations under subsection (1) above, the power conferred by that subsection to carry out works and operations shall only be exercisable in a case where— (a) the Agency considers it necessary to carry out forthwith any works or operations falling within paragraph (a) or (b) of that subsection; or (b) it appears to the Agency, after reasonable inquiry, that no person can be found on whom to serve a works notice under section 161A below.

162

After that section there shall be inserted—

(161A) (1) Subject to the following provisions of this section, where it appears to the Agency 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, the Agency 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 the Agency, 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 works or 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, works or 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, works or 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 the Agency by virtue of section 161(1A)(a) above. (4) Before serving a works notice on any person, the Agency shall reasonably endeavour to consult that person concerning the works or 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; or (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 the Agency to require the carrying out of any works or operations which would impede or prevent the making of any discharge in pursuance of a consent given under Chapter II of Part III of this Act. (8) No works notice shall be served on any person requiring him to carry out any works or 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 (3B) and (3C) of section 89 above shall apply in relation to subsections (8) and (9) above as they apply in relation to subsections (3) and (3A) of that section. (11) Where the Agency— (a) carries out any such investigations as are mentioned in section 161(1) above, 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 the Agency as to whether or how it should exercise its powers under this section. (13) In this section— - “controlled waters” has the same meaning as in Part III of this Act; - “mine” has the same meaning as in the Mines and Quarries Act 1954. (161B) (1) A works notice may require a person to carry out works or operations in relation to any land or waters notwithstanding that he is not entitled to carry out those works or operations. (2) Any person whose consent is required before any works or 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, the Agency 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— - “prescribed” means prescribed in regulations made by the Secretary of State; - “relevant land” means— 1. any land or waters in relation to which the works notice in question requires, or may require, works or 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 161A above. (161C) (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 161A above. (6) This section is subject to section 114 of the 1995 Act (delegation or reference of appeals). (161D) (1) If a person on whom the Agency 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, the Agency may do what that person was required to do and may recover from him any costs or expenses reasonably incurred by the Agency in doing it. (4) If the Agency 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, the Agency may take proceedings in the High Court for the purpose of securing compliance with the notice. (5) In this section “works notice” means a works notice under section 161A above.

163

In section 162 of that Act (other powers to deal with foul water or pollution) in subsection (1) (which refers to section 161 of that Act) for the words “section 161” there shall be substituted the words “sections 161 to 161D”.

164

In section 166 of that Act (power to carry out works for purposes of flood warning system) in subsection (1) (which is expressed to be without prejudice to the Agency’s other powers by virtue of section 4) for the words “section 4 above” there shall be substituted the words “section 37 of the 1995 Act (incidental general powers of the Agency)”.

165

In section 169 of that Act (powers of entry for enforcement purposes) at the beginning of subsection (3) there shall be inserted the words “Subject to subsection (4) below,” and after that subsection there shall be added—

(4) The powers conferred by this section shall not have effect for the purposes of any of the Agency’s pollution control functions, within the meaning of section 108 of the 1995 Act.

166

In section 172 of that Act (powers of entry for other purposes) at the beginning of subsection (3) there shall be inserted the words “Subject to subsection (3A) below,” and after that subsection there shall be added—

(3A) The powers conferred by this section shall not have effect for the purposes of any of the Agency’s pollution control functions, within the meaning of section 108 of the 1995 Act.

167

In section 174 of that Act (impersonation of persons exercising powers of entry) in subsection (1) (which creates a summary offence punishable by a fine not exceeding level 4) for the words from “liable, on summary conviction,” onwards there shall be substituted the 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.

168

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169

(g) applications made to the Agency for the variation of discharge consents; (h) enforcement notices served under section 90B above; (j) revocations, under paragraph 7 of Schedule 10 to this Act, of discharge consents; (k) appeals under section 91 above; (l) directions given by the Secretary of State in relation to the Agency’s functions under the water pollution provisions of this Act; (m) convictions, for offences under Part III of this Act, of persons who have the benefit of discharge consents; (n) information obtained or furnished in pursuance of conditions of discharge consents; (o) works notices under section 161A above; (p) appeals under section 161C above; (q) convictions for offences under section 161D above; (r) such other matters relating to the quality of water or the pollution of water as may be prescribed by the Secretary of State. (1A) Where information of any description is excluded from any register by virtue of section 191B below, a statement shall be entered in the register indicating the existence of information of that description.

(4) The Secretary of State may give to the Agency 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) above or which, by virtue of section 191A or 191B below, ought to have been excluded from the register. (5) In this section “discharge consent” has the same meaning as in section 91 above.

170

After section 191 of that Act (register for the purposes of works discharges) there shall be inserted—

(191A) (1) No information shall be included in a register kept or maintained by the Agency under any provision 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 purpose of securing the exclusion from registers of information to which subsection (1) above applies, give to the Agency 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 referred to the Secretary of State in pursuance of paragraph (b) above shall be included in any such register until the Secretary of State determines that it should be so included. (3) The Agency shall notify the Secretary of State of any information it excludes from a register in pursuance of directions under subsection (2) above. (4) A person may, as respects any information which appears to him to be information to which subsection (1) above 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 the Agency 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. (191B) (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 the Agency under any provision 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) below; but information is not commercially confidential for the purposes of this section unless it is determined under this section to be so by the Agency or, on appeal, by the Secretary of State. (2) Where information is furnished to the Agency for the purpose of— (a) an application for a discharge consent or for the variation of a discharge consent, (b) complying with any condition of a discharge consent, or (c) complying with a notice under section 202 below, then, if the person furnishing it applies to the Agency to have the information excluded from any register kept or maintained by the Agency under any provision of this Act, on the ground that it is commercially confidential (as regards himself or another person), the Agency shall determine whether the information is or is not commercially confidential. (3) A determination under subsection (2) above must be made within the period of fourteen days beginning with the date of the application and if the Agency 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 the Agency that any information (other than information furnished in circumstances within subsection (2) above) which has been obtained by the Agency under or by virtue of any provision of any enactment might be commercially confidential, the Agency 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 the Agency under any provision 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 the Agency for the purpose of justifying any such objection; and, if any representations are made, the Agency shall, having taken the representations into account, determine whether the information is or is not commercially confidential. (5) Where, under subsection (2) or (4) above, the Agency 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 until the end of the period of seven days following the day on which the appeal is finally determined or withdrawn. (6) Subsections (2A), (2C) and (2K) of section 91 above shall apply in relation to appeals under subsection (5) above; but— (a) subsection (2C) 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) above is subject to section 114 of the 1995 Act (delegation or reference of appeals etc). (7) The Secretary of State may give to the Agency directions as to specified information, or descriptions of information, which the public interest requires to be included in registers kept or maintained by the Agency under any provision 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 the Agency for the information to remain excluded from the register on the ground that it is still commercially confidential and the Agency shall determine whether or not that is the case. (9) Subsections (5) and (6) above shall apply in relation to a determination under subsection (8) above as they apply in relation to a determination under subsection (2) or (4) above. (10) The Secretary of State may by regulations substitute (whether in all cases or in such classes or descriptions of case as may be specified in the regulations) for the period for the time being specified in subsection (3) above 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 the register would prejudice to an unreasonable degree the commercial interests of that individual or person. (12) In this section “discharge consent” has the same meaning as in section 91 above.

171

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172

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.

173

(ia) the Scottish Environment Protection Agency;

; and

174

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175

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176

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177

“the 1995 Act” means the Environment Act 1995;

.

“the Agency” means the Environment Agency;

.

“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;

.

“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;

.

“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);

.

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
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

(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

“the Agency” means the Environment Agency;

.

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
197

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

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

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

(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

Subordinate legislation and local statutory provisions

233

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

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

Charging schemes

4

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.

Preparation of reports

5

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

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.

...

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

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

The Parliamentary Commissioner Act 1967

10

The Local Government Act 1974

11

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

12

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

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.

...

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

The Environmental Protection Act 1990

16
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

which is in force on the transfer date.

(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

.

(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.

(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.

The Water Industry Act 1991

19

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,—

21

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

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.

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.

[^c14539291]: S. 78 partly in force; s. 78 not in force at Royal Assent see s. 125(3); s. 78 in force for specified purposes at 23.11.1995 by S.I. 1995/2950, art. 2(1) (subject to art/ 2(2)); s. 78 in force for further specified purposes at 1.4.1996 by S.I. 1995/2950, art. 3(1) (subject to art. 3(2) which art. 3(2) was revoked (1.4.1997) by S.I. 1996/2560, art. 3); s. 78 in force for further specified purposes at 1.4.1997 by S.I. 1996/2560, art. 2

[^c14539301]: 1972 c. 70.

[^c14539321]: 1992 c. 19.

[^c14539371]: Pt. IV (ss. 80-91) amended (3.7.2000) by 1999 c. 29, s. 364 (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

[^c14539491]: Words in s. 85(1)(a) substituted (3.7.2000) by 1999 c. 29, s. 367(1)(2)(a) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

[^c14539501]: S. 85(1)(aa) inserted (3.7.2000) by 1999 c. 29, s. 367(1)(2)(b) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

[^c14539511]: S. 85(4A)(4B) inserted (3.7.2000) by 1999 c. 29, s. 367(1)(3) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

[^c14539531]: Words in s. 85(4B) inserted (20.11.2001) by S.I. 2001/3719, art. 2, Sch. para. 6(1)(2)

[^c14539541]: Words in s. 85(5) inserted (3.7.2000) by 1999 c. 29, s. 367(1)(4) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

[^c14539551]: S. 85(5A) inserted (20.11.2001) by S.I. 2001/3719, art. 2, Sch. para. 6(1)(3)

[^c14539581]: S. 85(6A) inserted (3.7.2000) by 1999 c. 29, s. 367(1)(5) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

[^c14539601]: S. 85(7) applied (with modifications) by S.I. 2001/2315, reg. 11(2)

[^c14539621]: S. 90 wholly in force at 23.12.1997; s. 90 not in force at Royal Assent see s. 125(3); s. 90 in force for specified purposes at 1.2.1996 by S.I. 1996/186, art 2; s. 90 in force at 23.12.1997 in so far as it is not already in force by S.I. 1997/3044, art. 2

[^c14539631]: 1994 c. 39.

[^c14539641]: 1990 c. 43.

[^c14539651]: 1990 c. 8.

[^c14539691]: 1973 c. 65.

[^c14539961]: S. 96 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14539971]: S. 96 wholly in force at 1.1.1997; s. 96 not in force at Royal Assent see s. 125(3); s. 96(2) wholly in force and s. 96(1)(5)(6) in force for E.W. and s. 96(4) in force for specified purposes at 1.11.1995 by S.I. 1995/2765, art. 2; s. 96(1)(5)(6) in force for S. and s. 96(3) wholly in force and s. 96(4) in force for further specified purposes at 1.1.1997 by S.I. 1996/2857, art. 2

[^c14539981]: Words in s. 96(2) repealed (E.W.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. III (with s. 5, Sch. 3)

[^c14540001]: S. 96(3) repealed (E.W.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. III (with s. 5, Sch. 3)

[^c14540011]: Words in s. 96(4)(5) repealed (E.W.) (27.5.1997) by 1995 c. 25, ss. 3, 6(2), Sch. 1 Pt. III (with s. 5, Sch. 3)

[^c14540031]: Definition of “the 1972 Act” in s. 96(6) repealed (E.W.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. III (with s. 5, Sch. 3)

[^c14540041]: 1972 c. 52.

[^c14540051]: 1990 c. 8.

[^c14540061]: 1991 c. 34.

[^c14540071]: S. 97 explained (1.6.1997) by S.I. 1997/1160, reg. 4

[^c14540081]: 1990 c. 8.

[^c14540101]: S. 98 extended (to Isles of Scilly) (1.5.1996) by S.I. 1996/1030, art. 3

[^c14540111]: Words in s. 98(1) inserted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 120(7); S.I. 1998/3178, art. 3

[^c14540331]: S. 99 extended (to Isles of Scilly) (1.5.1996) by S.I. 1996/1030, art. 3

[^c14540451]: 1991 c. 57.

[^c14540461]: 1991 c. 59.

[^c14540481]: 1991 c. 59.

[^c14540491]: 1966 c. 38.

[^c14540501]: 1967 c. 84.

[^c14540511]: 1984 c. 26.

[^c14540521]: 1991 c. 57.

[^c14540531]: 1975 c. 51.

[^c14540541]: 1986 c. 62.

[^c14540551]: 1991 c. 57.

[^c14540561]: S. 105 partly in force; s. 105 not in force at Royal Assent see s. 125(3); s. 105 in force for specified purposes at 21.9.1995 by S.I. 1995/1983, art. 3; s. 105 in force for further specified purposes at 1.2.1996 by S.I. 1996/186, art 2; s. 105 in force for further specified purposes at 1.4.1996 by S.I. 1996/186, art 3; s. 105 in force for further specified purposes at 1.1.1999 by S.I. 1995/1983, art. 4

[^c14541301]: S. 108 applied (with modifications) (1.4.1999) by S.I. 1999/743, art. 20(4)

[^c14541311]: S. 108(4): power to appoint person to exercise powers conferred (27.7.1999) by 1999 c. 24, ss. 1, 2, Sch. 1 Pt. I para. 14(2)

[^c14541321]: S. 108(4)(a)-(l) applied (with modifications) (6.3.1997) by S.I. 1997/648, reg. 28(2)

[^c14541431]: S. 108(6)(7) applied (with modifications) (6.3.1997) by S.I. 1997/648, reg. 28(3)

[^c14541471]: S. 108(12)(13) applied (6.3.1997) by S.I. 1997/648, reg. 28(4)

[^c14541491]: S. 108(15) applied (E.W.) (27.6.2000) by S.I. 2000/1460, reg. 3, Sch. 1 para. 9

[^c14541501]: 1990 c. 43.

[^c14541521]: 1993 c. 12.

[^c14541531]: 1989 c. 14.

[^c14541541]: 1965 c. 13.

[^c14541551]: 1906 c. 14.

[^c14541581]: 1974 c. 40.

[^c14541591]: 1990 c. 43.

[^c14541601]: 1991 c. 56.

[^c14541611]: 1991 c. 57.

[^c14541621]: 1993 c. 11.

[^c14541651]: S. 108(15): words in definition of “pollution control functions” in relation to the Environment Agency inserted (E.W.) (1.8.2000) by S.I. 2000/1973, reg. 39, Sch. 10 para. 16(b)

[^c14541661]: 1990 c. 43.

[^c14541681]: S. 108(15): words in definition of “pollution control functions” in relation to a local enforcing authority inserted (E.W.) (1.8.2000) by S.I. 2000/1973, reg. 39, Sch. 10 para. 16(c)

[^c14542151]: 1968 c. 47.

[^c14542161]: 1991 c. 56.

[^c14542331]: S. 113(2)(3): certain functions made exercisable by the Scottish Ministers concurrently with the Minister concerned (1.7.1999) by S.I. 1999/1750, arts. 1, 3, Sch. 2 (with art. 7); S.I. 1998/3178, art. 3

[^c14542341]: 1947 c. 39.

[^c14542361]: S. 113(5): definition of “the environment” substituted (21.3.2000 (E.W.) and 29.9.2000 (S.)) by 1999 c. 24, s. 6(1), Sch. 2 para. 18(2); S.I. 2000/800, art. 2; S.S.I. 2000/322, art. 2

[^c14542381]: S. 113(5): word at end of para. (b) in definition of “local enforcing authority” inserted (21.3.2000 (E.W.) and 29.9.2000 (S.)) by 1999 c. 24, s. 6(1), Sch. 2 para. 18(3); S.I. 2000/800, art. 2; S.S.I. 2000/322, art. 2

[^c14542701]: S. 114(1)(3)(a)(4) applied (with modifications) (E.W.) (4.5.2000) by S.I. 2000/1043, reg. 8 S. 114(1)(3)(a)(4) applied (S.) (8.5.2000) by S.S.I. 2000/95, reg. 8

[^c14542721]: 1989 c. 14.

[^c14542731]: 1990 c. 43.

[^c14542741]: 1991 c. 28.

[^c14542751]: 1991 c. 57.

[^c14542801]: 1974 c. 40.

[^c14542971]: S. 115 partly in force; s. 115 not in force at Royal Assent see s. 125(3); s. 115 in force for specified purposes at 1.4.1996 by S.I. 1995/2950, art. 3(1) (subject to art. 3(2)) (which art. 3(2) was revoked (1.4.1997) by S.I. 1996/2560, art. 3); s. 115 in force at 1.4.1996 insofar as not already in force by S.I. 1996/186, art 3

[^c14542981]: S. 115(5): certain functions made exercisable by the Scottish Ministers concurrently with the Minister (1.7.1999) by S.I. 1999/1750, arts. 1, 3, Sch. 2 (with art. 7); S.I. 1998/3178, art. 3

[^c14542991]: 1947 c. 44.

[^c14543001]: S. 116 partly in force; s. 116 not in force at Royal Assent see s. 125(3); s. 116 in force for specified purposes at 21.9.1995 by S.I. 1995/1983, art. 3; s. 116 in force for further specified purposes at 1.7.1997 by S.I. 1997/1626, art. 2(b) (with transitional provisions in art. 3); s. 116 in force for further specified purposes at 8.4.1998 by S.I. 1998/781, art. 2 (with transitional provisions in art. 3); s. 116 in force for further specified purposes at 1.12.2000 by S.I. 2000/3033, art. 2

[^c14543011]: S. 118 partly in force; s. 118 not in force at Royal Assent see s. 125(3); s. 118(1)-(3)(6) wholly in force and s. 118(4)(5) in force for specified purposes at 1.2.1996 by S.I. 1996/186, art. 2

[^c14543021]: 1989 c. 14.

[^c14543041]: 1990 c. 43.

[^c14543051]: 1991 c. 56.

[^c14543061]: 1991 c. 57.

[^c14543071]: 1991 c. 59.

[^c14543081]: 1891 c. 39.

[^c14543091]: S. 120 partly in force; S. 120(1) in force for specified purposes at Royal Assent see s. 125(3); s. 120(4)-(6) and s. 120(1) for further specified purposes in force at 28.7.1995 by S.I. 1995/1983, art. 2; s. 120(1)(3) in force for further specified purposes at 21.9.1995 by S.I. 1995/1983, art. 3; s. 120(2)(3) in force for further specified purposes at 1.1.1999 by S.I. 1995/1983, art. 4; s. 120(1) in force for further specified purposes at 12.10.1995 by S.I. 1995/2649, art. 2(j); s. 120(3) in force for further specified purposes at 1.11.1995 by S.I. 1995/2765, art. 2; s. 120(1)(3) in force for further specified purposes at 1.2.1996 by S.I. 1996/186, art. 2 ; s. 120(1)-(3) in force for further specified purposes at 1.4.1996 by S.I. 1996/186, art. 3 (with art. 4); s. 120(3) in force for further specified purposes at 1.4.1997 by S.I. 1996/2560, art. 2; s. 120(3) in force for further specified purposes at 1.1.1997 by S.I. 1996/2857, art. 2; s. 120(1) in force for further specified purposes at 21.11.1996 by S.I. 1996/2909, art. 2 (with art. 4); s. 120(1)(3) in force for further specified purposes at 31.12.1996 by S.I. 1996/2909, art. 3 (subject to art. 4); s. 120(1) in force for further specified purposes at 23.12.1997 by S.I. 1997/3044, art. 2; s. 120(1) in force for further specified purposes at 1.4.1998 by S.I. 1998/604, art. 2; s. 120(1) in force for further specified purposes at 16.3.1999 by S.I. 1999/803, art. 2; s. 120(1) in force for further specified purposes at 1.4.1999 by S.I. 1999/803, art. 3; s. 120(1) in force for further specified purposes at 29.4.1999 by S.I. 1999/1301, art. 2; s. 120(1)(3) in force for E. for further specified purposes at 1.4.2000 by S.I. 2000/340, art. 2(b)(c) (with art. 3); s. 120(1)(3) in force for S. for further specified purposes at 14.7.2000 by S.S.I. 2000/180, art. 2(1)(b)(c) (with art. 3); s. 120(1) in force for S. for further specified purposes at 1.1.2001 by S.S.I. 2000/433, art. 2; s. 120(1)(3) in force for W. for further specified purposes at 15.9.2001 by S.I. 2001/3211, art. 2(b) (with art. 3)

[^c14543101]: 1978 c. 30.

[^c14543111]: 1978 c.30.

[^c14543121]: S. 123 applied (with modifications) (1.4.1999) by S.I. 1998/2746, reg. 16(2) S. 123 applied (E.W.) (4.5.2000) by S.I. 2000/1043, reg. 2(3)

[^c14543131]: 1978 c.30.

[^c14543141]: 1978 c. 30.

[^c14543151]: 1978 c. 30.

[^c14543161]: S. 125(3)(4) power partly exercised: 15.9.2001 appointed for W. for specified provisions by S.I. 2001/3211, art. 2

[^c14543171]: S. 125(3) power partly exercised (21.7.1995): different dates appointed for specified provisions by S.I. 1995/1983, arts. 2-4 S. 125(3) power partly exercised (5.10.1995): 12.10.1995 appointed for specified provisions by S.I. 1995/2649, art. 2(j) S. 125(3) power partly exercised (24.10.1995): 1.11.1995 appointed for specified provisions by S.I. 1995/2765, art. 2 S. 125(3) power partly exercised (16.11.1995): different dates appointed for specified provisions by S.I. 1995/2950, arts. 2(1), 3(1) (subject to arts. 2(2), 3(2)) (which art. 3(2) was revoked (1.4.1997) by S.I. 1996/2560, art. 3) S. 125(3) power partly exercised (31.1.1996): different dates appointed for specified provisions by S.I. 1996/186, arts. 2, 3 (with art. 4) S. 125(3) power partly exercised (7.10.1996): 1.4.1997 appointed for specified provisions by S.I. 1996/2560, art. 2 S. 125(3) power partly exercised (8.11.1996): 1.1.1997 appointed for specfied provisions by S.I. 1996/2857, art. 2 S. 125(3) power partly exercised (20.11.1996): different dates appointed for specified provisions by S.I. 1996/2909, arts. 2, 3 (subject to art. 4) S. 125(3) power partly exercised (27.6.1997): 1.7.1997 appointed for specified provisions by S.I. 1997/1626, art. 2 (with transitional provisions in art. 3) S. 125(3) power partly exercised (16.12.1997): 23.12.1997 appointed for specified provisions by S.I. 1997/3044, art. 2 S. 125(3) power partly exercised (4.3.1998): different dates appointed for specified provisions by S.I. 1998/604, arts. 2, 3 S. 125(3) power partly exercised (11.3.1998): 8.4.1998 appointed for specified provisions by S.I. 1998/781, art. 2 (with transitional provisions in art. 3) S. 125(3) power partly exercised (22.12.1998): 1.1.1999 appointed for specified provisions by S.I. 1998/3272, art. 2 S. 125(3) power partly exercised (15.3.1999): different dates appointed for specified provisions by S.I. 1999/803, arts. 2, 3 S. 125(3) power partly exercised (27.4.1999): 29.4.1999 appointed for specified provisions by S.I. 1999/1301, art. 2 S. 125(3) power partly exercised (2.2.2000): 1.4.2000 appointed for E. for specified provisions by S.I. 2000/340, art. 2 (with art. 3) S. 125(3) power partly exercised (12.6.2000): 14.7.2000 appointed for S. for specified provisions by S.S.I. 2000/180, art. 2(1) (subject to art. 2(2), with art. 3) S. 125(3) power partly exercised (12.7.2000): 14.7.2000 appointed for S. for specified provisions by S.I. 2000/1986, art. 2 S. 125(3) power partly exercised (29.11.2000): 1.1.2001 appointed for S. for specified provisions by S.S.I. 2000/433, art. 2

[^c14543191]: 1975 c. 35.

[^c14543201]: 1975 c. 24.

[^c14543211]: 1967 c. 84.

[^c14543221]: 1974 c. 28.

[^c14543231]: 1967 c. 13.

[^c14543241]: Sch. 2 wholly in force at 12.10.1995; Sch. 2 not in force at Royal Asent see s. 125(3); Sch. 2 in force for specified purposes at 28.7.1995 by S.I. 1995/1983, art. 2; Sch. 2 in force for further specified purposes at 12.10.1995 by S.I. 1995/2649, art. 2(c)

[^c14543251]: 1994 c. 39.

[^c14543261]: Sch. 2 wholly in force at 12.10.1995; Sch. 2 not in force at Royal Asent see s. 125(3); Sch. 2 in force for specified purposes at 28.7.1995 by S.I. 1995/1983, art. 2; Sch. 2 in force for further specified purposes at 12.10.1995 by S.I. 1995/2649, art. 2(c)

[^c14543311]: Sch. 2 wholly in force at 12.10.1995; Sch. 2 not in force at Royal Asent see s. 125(3); Sch. 2 in force for specified purposes at 28.7.1995 by S.I. 1995/1983, art. 2; Sch. 2 in force for further specified purposes at 12.10.1995 by S.I. 1995/2649, art. 2(c)

[^c14543321]: Words in Sch. 2 para. 3(6) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 68(a) (with ss. 191-195, 202)

[^c14543331]: Words in Sch. 2 para. 3(7) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 68(b) (with ss. 191-195, 202)

[^c14543341]: 1993 c. 48.

[^c14543351]: Sch. 2 wholly in force at 12.10.1995; Sch. 2 not in force at Royal Asent see s. 125(3); Sch. 2 in force for specified purposes at 28.7.1995 by S.I. 1995/1983, art. 2; Sch. 2 in force for further specified purposes at 12.10.1995 by S.I. 1995/2649, art. 2(c)

[^c14543361]: Sch. 2 wholly in force at 12.10.1995; Sch. 2 not in force at Royal Asent see s. 125(3); Sch. 2 in force for specified purposes at 28.7.1995 by S.I. 1995/1983, art. 2; Sch. 2 in force for further specified purposes at 12.10.1995 by S.I. 1995/2649, art. 2(c)

[^c14543371]: 1925 c. 20.

[^c14543381]: Sch. 2 wholly in force at 12.10.1995; Sch. 2 not in force at Royal Asent see s. 125(3); Sch. 2 in force for specified purposes at 28.7.1995 by S.I. 1995/1983, art. 2; Sch. 2 in force for further specified purposes at 12.10.1995 by S.I. 1995/2649, art. 2(c)

[^c14543391]: Sch. 2 wholly in force at 12.10.1995; Sch. 2 not in force at Royal Asent see s. 125(3); Sch. 2 in force for specified purposes at 28.7.1995 by S.I. 1995/1983, art. 2; Sch. 2 in force for further specified purposes at 12.10.1995 by S.I. 1995/2649, art. 2(c)

[^c14543401]: Sch. 2 wholly in force at 12.10.1995; Sch. 2 not in force at Royal Asent see s. 125(3); Sch. 2 in force for specified purposes at 28.7.1995 by S.I. 1995/1983, art. 2; Sch. 2 in force for further specified purposes at 12.10.1995 by S.I. 1995/2649, art. 2(c)

[^c14543411]: Sch. 2 wholly in force at 12.10.1995; Sch. 2 not in force at Royal Asent see s. 125(3); Sch. 2 in force for specified purposes at 28.7.1995 by S.I. 1995/1983, art. 2; Sch. 2 in force for further specified purposes at 12.10.1995 by S.I. 1995/2649, art. 2(c)

[^c14543421]: Sch. 2 wholly in force at 12.10.1995; Sch. 2 not in force at Royal Asent see s. 125(3); Sch. 2 in force for specified purposes at 28.7.1995 by S.I. 1995/1983, art. 2; Sch. 2 in force for further specified purposes at 12.10.1995 by S.I. 1995/2649, art. 2(c)

[^c14543431]: Sch. 2 wholly in force at 12.10.1995; Sch. 2 not in force at Royal Asent see s. 125(3); Sch. 2 in force for specified purposes at 28.7.1995 by S.I. 1995/1983, art. 2; Sch. 2 in force for further specified purposes at 12.10.1995 by S.I. 1995/2649, art. 2(c)

[^c14543441]: Sch. 2 wholly in force at 12.10.1995; Sch. 2 not in force at Royal Asent see s. 125(3); Sch. 2 in force for specified purposes at 28.7.1995 by S.I. 1995/1983, art. 2; Sch. 2 in force for further specified purposes at 12.10.1995 by S.I. 1995/2649, art. 2(c)

[^c14543451]: 1945 c. 18.

[^c14543491]: Words in Sch. 5 para. 3(1)(d) substituted (E.W.) (11.9.1998) by 1998 c. 18, ss. 54(1), 55(2), Sch. 3 para. 29

[^c14543501]: 1982 c. 32.

[^c14543511]: 1985 c. 66.

[^c14543521]: 1972 c. 70.

[^c14543541]: Words in Sch. 5 para. 4(1)(c) substituted (E.W.) (11.9.1998) by 1998 c. 18, ss. 54(1), 55(2), Sch. 3 para. 29

[^c14543551]: 1982 c. 32.

[^c14543561]: 1972 c. 70.

[^c14543571]: 1989 c. 42.

[^c14543591]: 1989 c. 42.

[^c14543611]: Sch. 7 para. 7 wholly in force at 1.4.1997; Sch. 7 para. 7(1)(3)-(5) in force at Royal Assent see s. 125(2); Sch. 7 para. 7(2) in force at 1.4.1997 by S.I. 1996/2560, art. 2

[^c14543621]: 1989 c. 42.

[^c14543631]: 1989 c. 42.

[^c14543641]: 1975 c. 24.

[^c14543781]: Words in Sch. 7 para. 11(3) repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)

[^c14543791]: 1989 c. 42.

[^c14543801]: 1989 c. 42.

[^c14543811]: 1976 c. 57.

[^c14543821]: 1989 c. 42.

[^c14543871]: 1989 c. 42.

[^c14543881]: 1875 c. 55.

[^c14543891]: 1962 c. 56.

[^c14543901]: 1976 c. 57.

[^c14543911]: 1974 c. 7.

[^c14543941]: Sch. 7 para. 19 repealed (11.9.1998) by 1998 c. 18, ss. 54(3), 55(2), Sch. 5

[^c14543951]: 1976 c. 57.

[^c14543961]: 1982 c. 30.

[^c14543971]: 1990 c. 8.

[^c14543981]: 1990 c. 8.

[^c14543991]: 1990 c. 9.

[^c14544001]: 1976 c. 57.

[^c14544011]: 1982 c. 30.

[^c14544021]: 1973 c. 50.

[^c14544031]: 1970 c. 39.

[^c14544081]: 1980 c. 65.

[^c14544091]: 1988 c. 9.

[^c14544101]: Sch. 8 para. 8(4) repealed (2.4.2001) by 2000 c. 34, s. 9(2), Sch. 3 para. 10(5); S.I. 2001/566, art. 2 (subject to art. 2(2))

[^c14544111]: 1992 c. 19.

[^c14544121]: 1986 c. 10.

[^c14544131]: 1989 c. 42.

[^c14544141]: 1994 c. 19.

[^c14544161]: 1899 c. 30.

[^c14544181]: 1960 c. 62.

[^c14544201]: 1899 c. 30.

[^c14544211]: 1899 c. 30.

[^c14544221]: 1899 c. 30.

[^c14544241]: 1906 c. 25.

[^c14544251]: 1949 c. 97.

[^c14544261]: 1960 c. 62.

[^c14544271]: 1968 c. 41.

[^c14544281]: 1949 c. 97.

[^c14544291]: 1982 c. 42.

[^c14544301]: 1975 c. 70.

[^c14544311]: 1976 c. 57.

[^c14544321]: 1978 c. 3.

[^c14544331]: 1979 c. 46.

[^c14544341]: 1980 c. 66.

[^c14544371]: 1983 c. 35.

[^c14544381]: 1990 c. 43.

[^c14544391]: 1953 c. 49.

[^c14544411]: 1990 c. 10.

[^c14544431]: 1993 c. 25.

[^c14544451]: Sch. 10 para. 1 repealed (19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. IV Group 2

[^c14544491]: Sch. 10 para. 2 wholly in force at 1.4.1996; Sch. 10 para. 2 not in force at Royal Assent see s. 125(3); Sch. 10 para. 2(1)(3)-(9)(a)(c)(d) in force at 23.11.1995 by S.I. 1995/2950, art. 2(1) (subject to art. 2(2)); Sch. 10 para. 2(2)(9)(b) in force at 1.4.1996 by S.I. 1995/2950, art. 3(1) (subject to art. 3(2) which art. 3(2) was revoked (1.4.1997) by S.I. 1996/2560, art. 3)

[^c14544501]: Sch. 10 para. 2(7) repealed (1.4.2001 for E. and 1.5.2001 for W.) by 2000 c. 37, s. 102, Sch. 16 Pt. V; S.I. 2001/114, art. 2(2)(m); S.I. 2001/1410, art. 2(q)

[^c14544511]: Sch. 10 para. 3 wholly in force at 23.11.1995, see s. 125(3) and S.I. 1995/2950, art. 2(1) (subject to art. 2(2))

[^c14544521]: 1990 c. 8.

[^c14544531]: Sch. 10 para. 4 wholly in force at 23.11.1995, see s. 125(3) and S.I. 1995/2950, art. 2(1) (subject to art. 2(2))

[^c14544541]: 1990 c. 8.

[^c14544551]: Sch. 10 para. 5 wholly in force at 23.11.1995, see s. 125(3) and S.I. 1995/2950, art. 2(1) (subject to art. 2(2))

[^c14544561]: Sch. 10 para. 6 wholly in force at 23.11.1995, see s. 125(3) and S.I. 1995/2950, art. 2(1) (subject to art. 2(2))

[^c14544571]: Sch. 10 para. 7 wholly in force at 23.11.1995, see s. 125(3) and S.I. 1995/2950, art. 2(1) (subject to art. 2(2))

[^c14544581]: Sch. 10 para. 8 wholly in force at 1.4.1996; Sch. 10 para. 8 not in force at Royal Assent see s. 125(3); Sch. 10 para. 8(2) in force at 23.11.1995 by S.I. 1995/2950, art. 2(1) (subject to art. 2(2)); Sch. 10 para. 8(1)(3) in force at 1.4.1996 by S.I. 1995/2950, art. 3(1) (subject to art. 3(2) which art. 3(2) was revoked (1.4.1997) by S.I. 1996/2560, art. 3)

[^c14544591]: Sch. 10 para. 9 wholly in force at 23.11.1995, see s. 125(3) and S.I. 1995/2950, art. 2(1) (subject to art. 2(2))

[^c14544601]: Sch. 10 para. 10 partly in force; Sch. 10 para. 10 not in force at Royal Assent see s. 125(3); Sch. 10 para. 10(1)(3) in force at 23.11.1995 by S.I. 1995/2950, art. 2(1) (subject to art. 2(2)); Sch. 10 para. 10(2)(b) in force at 1.4.1997 by S.I. 1996/2560, art. 2

[^c14544611]: Sch. 10 para. 11 wholly in force at 23.11.1995, see s. 125(3) and S.I. 1995/2950, art. 2(1) (subject to art. 2(2))

[^c14544621]: Sch. 10 para. 12 wholly in force at 23.11.1995, see s. 125(3) and S.I. 1995/2950, art. 2(1) (subject to art. 2(2))

[^c14544631]: Sch. 10 para. 13 wholly in force at 1.4.1996, see s. 125(3) and S.I. 1995/2950, art. 3(1) (subject to art. 3(2) which art. 3(2) was revoked (1.4.1997) by S.I. 1996/2560, art. 3)

[^c14544641]: Sch. 10 para. 14 wholly in force at 23.11.1995, see s. 125(3) and S.I. 1995/2950, art. 2(1) (subject to art. 2(2))

[^c14544661]: Sch. 10 para. 15 wholly in force at 23.11.1995, see s. 125(3) and S.I. 1995/2950, art. 2(1) (subject to art. 2(2))

[^c14544671]: Sch. 10 para. 15(2) repealed (2.4.2001) by 2000 c. 34, s. 9(2), Sch. 3 (with s. 10(5)); S.I. 2001/566, art. 2(1) (subject to art. 2(2))

[^c14544691]: Sch. 10 para. 16 repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4

[^c14544701]: Sch. 10 para. 17 wholly in force at 23.11.1995, see s. 125(3) and S.I. 1995/2950, art. 2(1) (subject to art. 2(2))

[^c14544711]: Sch. 10 para. 18 wholly in force at 23.11.1995, see s. 125(3) and S.I. 1995/2950, art. 2(1) (subject to art. 2(2))

[^c14544731]: Sch. 10 para. 19 repealed (19.6.1997) by 1997 c. 25, ss. 73(3), 74(1), Sch. 6 Pt. I (with Sch. 4 para. 27)

[^c14544751]: Sch. 10 para. 20 repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. V (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4

[^c14544761]: Sch. 10 para. 21 wholly in force at 23.11.1995, see s. 125(3) and S.I. 1995/2950, art. 2(1) (subject to art. 2(2))

[^c14544781]: Sch. 10 para. 22 wholly in force at 1.4.1997; Sch. 10 para. 22 not in force at Royal Assent see s. 125(3); Sch. 10 para. 22(3)(4)(a)(b)(5) in force at 1.4.1996 by S.I. 1995/2950, art. 3(1) (subject to art. 3(2) which art. 3(2) was revoked (1.4.1997) by 1996/2560, art. 3); Sch. 10 para. 22(2)(4)(c)(6)(7) in force at 1.4.1997 by S.I. 1996/2560, art. 2

[^c14544791]: Sch. 10 para. 22(1) repealed (1.4.1997) by 1995 c. 25, ss. 78, 120(3), Sch. 10 para. 22(7), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

[^c14544801]: Sch. 10 para. 22(7) 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.

[^c14544811]: Sch. 10 para. 23 wholly in force at 23.11.1995, see s. 125(3) and S.I. 1995/2950, art. 2(1) (subject to art. 2(2))

[^c14544821]: Sch. 10 para. 24 wholly in force at 23.11.1995, see s. 125(3) and S.I. 1995/2950, art. 2(1) (subject to art. 2(2))

[^c14544831]: Sch. 10 para. 25 wholly in force at 23.11.1995, see s. 125(3) and S.I. 1995/2950, art. 2(1) (subject to art. 2(2))

[^c14544841]: Sch. 10 para. 26 wholly in force at 23.11.1995, see s. 125(3) and S.I. 1995/2950, art. 2(1) (subject to art. 2(2))

[^c14544851]: 1982 c. 42.

[^c14544861]: Sch. 10 para. 28 wholly in force at 23.11.1995, see s. 125(3) and S.I. 1995/2950, art. 2(1) (subject to art. 2(2))

[^c14544871]: Sch. 10 para. 29 wholly in force at 23.11.1995, see s. 125(3) and S.I. 1995/2950, art. 2(1) (subject to art. 2(2))

[^c14544881]: Sch. 10 para. wholly in force at 23.11.1995, see s. 125(3) and S.I. 1995/2950, art. 2(1) (subject to art. 2(2))

[^c14544891]: 1994 c. 19.

[^c14544901]: 1994 c. 19.

[^c14544911]: Sch. 10 para. 31 wholly in force at 23.11.1995, see s. 125(3) and S.I. 1995/2950, art. 2(1) (subject to art. 2(2))

[^c14544921]: 1990 c. 8.

[^c14544941]: 1990 c. 8.

[^c14544951]: 1990 c. 8.

[^c14544971]: Sch. 10 para. 32 wholly in force at 1.4.1997; Sch. 10 para. 32 not in force at Royal Assent see s. 125(3); Sch. 10 para. 32(1)-(13)(15)-(18) in force at 23.11.1995 by S.I. 1995/2950, art. 2(1) (subject to art. 2(2)); Sch. 10 para. 32(14) in force at 1.4.1997 by S.I. 1996/2560, art. 2

[^c14544981]: Words in Sch. 10 para. 32(3)(14)(a)(c)(d) ceased to have effect (1.4.1997) by virtue of 1995 c. 25, s. 78, Sch. 10 para. 32(18) (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

[^c14545031]: Sch. 10 para. 33 wholly in force at 1.4.1997; Sch. 10 para. 33 not in force at Royal Assent see s. 125(3); Sch. 10 para. 33(1)-(5) in force at 23.11.1995 by S.I. 1995/2950, art. 2(1) (subject to art. 2(2)); Sch. 10 para. 33(6)-(8) in force at 1.4.1997 by S.I. 1996/2560, art. 2

[^c14545091]: Sch. 10 para. 34 wholly in force at 23.11.1995, see s. 125(3) and S.I. 1995/2950, art. 2(1) (subject to art. 2(2))

[^c14545101]: 1991 c. 56.

[^c14545111]: Words in Sch. 10 para. 34(1)(b) 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.

[^c14545121]: 1991 c. 59.

[^c14545131]: 1991 c. 57.

[^c14545141]: Sch. 10 para. 35 wholly in force at 1.4.1997; Sch. 10 para. 35 not in force at Royal Assent see s. 125(3); Sch. 10 para. 35 in force for specified purposes at 23.11.1995 by S.I. 1995/2950, art. 2(1) (subject to art. 2(2)); Sch. 10 para. 35 in force at 1.4.1997 insofar as not already in force by S.I. 1996/2560, art. 2

[^c14545151]: Sch. 10 para. 36 wholly in force at 23.11.1995, see s. 125(3) and S.I. 1995/2950, art. 2(1) (subject to art. 2(2))

[^c14545161]: 1990 c. 8.

[^c14545171]: Sch. 10 para. 37 wholly in force at 23.11.1995, see s. 125(3) and S.I. 1995/2950, art. 2(1) (subject to art. 2(2))

[^c14545181]: Sch. 10 para. 38 wholly in force at 1.4.1997; Sch. 10 para. 38 not in force at Royal Assent see s. 125(3); Sch. 10 para. 38(1) in force at 23.11.1995 by S.I. 1995/2950, art. 2(1) (subject to art. 2(2)); Sch. 10 para. 38(2) in force at 1.4.1997 by S.I. 1996/2560, art. 2

[^c14545251]: Sch. 11 para. 1(2A)(2B) inserted (3.7.2000) by 1999 c. 29, s. 369, (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

[^c14545271]: Words in Sch. 11 para. 1(3) inserted (S.) (8.9.2000) by 2000 asp 10, s. 36, Sch. 5 para. 17(a) (with s. 32); S.S.I. 2000/312, art. 2

[^c14545281]: Words in Sch. 11 para. 1(3) repealed (E.W.) (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.

[^c14545291]: Sch. 11 para. 1(4) repealed (E.W.) (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.

[^c14545301]: Sch. 11 para. 1(5) inserted (S.) (8.9.2000) by 2000 asp 10, s. 36, Sch. 5 para. 17(b) (with s. 32); S.S.I. 2000/312, art. 2

[^c14545311]: 1972 c. 70.

[^c14545321]: 1973 c. 65.

[^c14545331]: 1988 c. 53.

[^c14545341]: Sch. 13 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14545351]: Sch. 13 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14545381]: Sch. 13 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14545391]: Sch. 13 wholly in force at 1.1.1997; Sch. 13 not in force at Royal Assent see s. 125(3); Sch. 13 in force for E.W. at 1.11.1995 by S.I. 1995/2765, art. 2; Sch. 13 in force for S. at 1.1.1997 by S.I. 1996/2857, art. 2

[^c14545401]: Words in Sch. 13 para. 1(1) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. III (with s. 5, Sch. 3)

[^c14545411]: Words in Sch. 13 para. 1(1) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. III (with s. 5, Sch. 3)

[^c14545431]: 1949 c. 97.

[^c14545501]: Words in Sch. 13 para. 1(7)(a) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. III (with s. 3, Sch. 5)

[^c14545511]: Sch. 13 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14545751]: Sch. 13 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14545761]: Sch. 13 wholly in force at 1.1.1997; Sch. 13 not in force at Royal Assent see s. 125(3); Sch. 13 in force for E.W. at 1.11.1995 by S.I. 1995/2765, art. 2; Sch. 13 in force for S. at 1.1.1997 by S.I. 1996/2857, art. 2

[^c14545771]: Sch. 13 para. 2(4)(b) substituted (30.1.2001) by 2000 c. 37, ss. 76(1), 103(2), Sch. 10 Pt. II para. 10

[^c14545781]: Words in Sch. 13 para. 2(4)(c) substituted (1.4.2001 for E. and 1.5.2001 for W.) by 2000 c. 37, s. 93, Sch. 15 Pt. I para. 13 (with s. 84(4)-(6)); S.I. 2001/114, art. 2(2)(e); S.I. 2001/1410, art. 2(g)

[^c14545791]: Sch. 13 para. 2(4)(d)(e) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. III (with s. 5, Sch. 3)

[^c14545811]: Words in Sch. 13 para. 2(6)(a) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. III (with s. 5, Sch. 3)

[^c14545821]: Sch. 13 para. 2(6)(b) and the word “and” immediately preceding repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. III (with s. 5, Sch. 3)

[^c14545841]: Sch. 13 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14545861]: Sch. 13 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14545871]: Sch. 13 wholly in force at 1.1.1997; Sch. 13 not in force at Royal Assent see s. 125(3); Sch. 13 in force for E.W. at 1.11.1995 by S.I. 1995/2765, art. 2; Sch. 13 in force for S. at 1.1.1997 by S.I. 1996/2857, art. 2

[^c14545881]: Sch. 13 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14545901]: Sch. 13 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14545911]: Sch. 13 wholly in force at 1.1.1997; Sch. 13 not in force at Royal Assent see s. 125(3); Sch. 13 in force for E.W. at 1.11.1995 by S.I. 1995/2765, art. 2; Sch. 13 in force for S. at 1.1.1997 by S.I. 1996/2857, art. 2

[^c14545921]: Sch. 13 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14545941]: Sch. 13 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14545951]: Sch. 13 wholly in force at 1.1.1997; Sch. 13 not in force at Royal Assent see s. 125(3); Sch. 13 in force for E.W. at 1.11.1995 by S.I. 1995/2765, art. 2; Sch. 13 in force for S. at 1.1.1997 by S.I. 1996/2857, art. 2

[^c14545961]: Sch. 13 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14545981]: Sch. 13 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14545991]: Sch. 13 wholly in force at 1.1.1997; Sch. 13 not in force at Royal Assent see s. 125(3); Sch. 13 in force for E.W. at 1.11.1995 by S.I. 1995/2765, art. 2; Sch. 13 in force for S. at 1.1.1997 by S.I. 1996/2857, art. 2

[^c14546001]: Sch. 13 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14546021]: Sch. 13 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14546031]: Sch. 13 wholly in force at 1.1.1997; Sch. 13 not in force at Royal Assent see s. 125(3); Sch. 13 in force for E.W. at 1.11.1995 by S.I. 1995/2765, art. 2; Sch. 13 in force for S. at 1.1.1997 by S.I. 1996/2857, art. 2

[^c14546041]: Words in Sch. 13 para. 7(4)(d) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. III (with s. 5, Sch. 3)

[^c14546051]: Words in Sch. 13 para. 7(5) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. III (with s. 5, Sch. 3)

[^c14546061]: Sch. 13 para. 7(6) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. III (with s. 5, Sch. 3)

[^c14546071]: Sch. 13 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14546091]: Sch. 13 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14546101]: Sch. 13 wholly in force at 1.1.1997; Sch. 13 not in force at Royal Assent see s. 125(3); Sch. 13 in force for E.W. at 1.11.1995 by S.I. 1995/2765, art. 2; Sch. 13 in force for S. at 1.1.1997 by S.I. 1996/2857, art. 2

[^c14546111]: Sch. 13 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14546131]: Sch. 13 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14546141]: Sch. 13 wholly in force at 1.1.1997; Sch. 13 not in force at Royal Assent see s. 125(3); Sch. 13 in force for E.W. at 1.11.1995 by S.I. 1995/2765, art. 2; Sch. 13 in force for S. at 1.1.1997 by S.I. 1996/2857, art. 2

[^c14546151]: Words in Sch. 13 para. 9(2)(f) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. III (with s. 5, Sch. 3)

[^c14546161]: Words in Sch. 13 para. 9(3) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. III (with s. 5, Sch. 3)

[^c14546171]: Sch. 13 para. 9(4) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. III (with s. 5, Sch. 3)

[^c14546181]: Words in Sch. 13 para. 9(5) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. III (with s. 5, Sch. 3)

[^c14546191]: Sch. 13 para. 9(6): Functions of a local authority not to be function of an executive of the authority (E.) (16.11.2000) by S.I. 2000/2853, reg. 2(1), Sch. 1 A18

[^c14546201]: Sch. 13 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14546221]: Sch. 13 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14546231]: Sch. 13 wholly in force at 1.1.1997; Sch. 13 not in force at Royal Assent see s. 125(3); Sch. 13 in force for E.W. at 1.11.1995 by S.I. 1995/2765, art. 2; Sch. 13 in force for S. at 1.1.1997 by S.I. 1996/2857, art. 2

[^c14546241]: Sch. 13 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14546261]: Sch. 13 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14546271]: Sch. 13 wholly in force at 1.1.1997; Sch. 13 not in force at Royal Assent see s. 125(3); Sch. 13 in force for E.W. at 1.11.1995 by S.I. 1995/2765, art. 2; Sch. 13 in force for S. at 1.1.1997 by S.I. 1996/2857, art. 2

[^c14546281]: Sch. 13 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14546301]: Sch. 13 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14546311]: Sch. 13 wholly in force at 1.1.1997; Sch. 13 not in force at Royal Assent see s. 125(3); Sch. 13 in force for E.W. at 1.11.1995 by S.I. 1995/2765, art. 2; Sch. 13 in force for S. at 1.1.1997 by S.I. 1996/2857, art. 2

[^c14546321]: Words in Sch. 13 para. 12(4)(a) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. III (with s. 5, Sch. 3)

[^c14546331]: Sch. 13 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14546351]: Sch. 13 wholly in force at 1.1.1997; Sch. 13 not in force at Royal Assent see s. 125(3); Sch. 13 in force for E.W. at 1.11.1995 by S.I. 1995/2765, art. 2; Sch. 13 in force for S. at 1.1.1997 by S.I. 1996/2857, art. 2

[^c14546361]: Sch. 13 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14546381]: Sch. 13 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14546391]: Sch. 13 wholly in force at 1.1.1997; Sch. 13 not in force at Royal Assent see s. 125(3); Sch. 13 in force for E.W. at 1.11.1995 by S.I. 1995/2765, art. 2; Sch. 13 in force for S. at 1.1.1997 by S.I. 1996/2857, art. 2

[^c14546401]: Sch. 13 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14546421]: Sch. 13 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14546431]: Sch. 13 wholly in force at 1.1.1997; Sch. 13 not in force at Royal Assent see s. 125(3); Sch. 13 in force for E.W. at 1.11.1995 by S.I. 1995/2765, art. 2; Sch. 13 in force for S. at 1.1.1997 by S.I. 1996/2857, art. 2

[^c14546441]: Words in Sch. 13 para. 15(4)(a) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. III (with s. 5, Sch. 3)

[^c14546451]: Sch. 13 para. 15(4)(b) and the word “or” immediately preceding repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. III (with s. 5, Sch. 3)

[^c14546471]: Words in Sch. 13 para. 15(4)-(6) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. III (with s. 5, Sch. 3)

[^c14546511]: Words in Sch. 13 para. 15(6) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 60(1)(b)

[^c14546521]: Sch. 13 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14546541]: Sch. 13 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14546551]: Sch. 13 wholly in force at 1.1.1997; Sch. 13 not in force at Royal Assent see s. 125(3); Sch. 13 in force for E.W. at 1.11.1995 by S.I. 1995/2765, art. 2; Sch. 13 in force for S. at 1.1.1997 by S.I. 1996/2857, art. 2

[^c14546561]: Words in Sch. 13 para. 16(3)(4) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. III (with s. 5, Sch. 3)

[^c14546581]: Sch. 13 para. 16(5)-(7) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. III (with s. 5, Sch. 3)

[^c14546611]: Sch. 14 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14546621]: Sch. 14 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14546641]: Sch. 14 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14546651]: Sch. 14 wholly in force at 1.1.1997; Sch. 14 not in force at Royal Assent see s. 125(3); Sch. 14 in force for E.W. at 1.11.1995 by S.I. 1995/2765, art. 2; Sch. 14 in force for S. at 1.1.1997 by S.I. 1996/2857, art. 2

[^c14546661]: Sch. 14 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14546681]: Sch. 14 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14546691]: Sch. 14 wholly in force at 1.1.1997; Sch. 14 not in force at Royal Assent see s. 125(3); Sch. 14 in force for E.W. at 1.11.1995 by S.I. 1995/2765, art. 2; Sch. 14 in force for S. at 1.1.1997 by S.I. 1996/2857, art. 2

[^c14546701]: Words in Sch. 14 para. 2(1) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. III (with s. 5, Sch. 3)

[^c14546711]: Words in Sch. 14 para. 2(1) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. III (with s. 5, Sch. 3)

[^c14546791]: Words in Sch. 14 para. 2(4) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. III (with s. 5, Sch. 3)

[^c14546821]: Sch. 14 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14546831]: Sch. 14 wholly in force at 1.1.1997; Sch. 14 not in force at Royal Assent see s. 125(3); Sch. 14 in force for E.W. at 1.11.1995 by S.I. 1995/2765, art. 2; Sch. 14 in force for S. at 1.1.1997 by S.I. 1996/2857, art. 2

[^c14546841]: Words in Sch. 14 para. 3(1)(6) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. III (with s. 5, Sch. 3)

[^c14546891]: Sch. 14 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14546911]: Sch. 14 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14546921]: Sch. 14 wholly in force at 1.1.1997; Sch. 14 not in force at Royal Assent see s. 125(3); Sch. 14 in force for E.W. at 1.11.1995 by S.I. 1995/2765, art. 2; Sch. 14 in force for S. at 1.1.1997 by S.I. 1996/2857, art. 2

[^c14546931]: Sch. 14 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14546951]: Sch. 14 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14546961]: Sch. 14 wholly in force at 1.1.1997; Sch. 14 not in force at Royal Assent see s. 125(3); Sch. 14 in force for E.W. at 1.11.1995 by S.I. 1995/2765, art. 2; Sch. 14 in force for S. at 1.1.1997 by S.I. 1996/2857, art. 2

[^c14546971]: Sch. 14 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14546991]: Sch. 14 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14547001]: Sch. 14 wholly in force at 1.1.1997; Sch. 14 not in force at Royal Assent see s. 125(3); Sch. 14 in force for E.W. at 1.11.1995 by S.I. 1995/2765, art. 2; Sch. 14 in force for S. at 1.1.1997 by S.I. 1996/2857, art. 2

[^c14547011]: Words in Sch. 14 para. 6(2)(f) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. III (with s. 5, Sch. 3)

[^c14547021]: Words in Sch. 14 para. 6(3) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. III (with s. 5, Sch. 3)

[^c14547031]: Sch. 14 para. 6(4) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. III (with s. 5, Sch. 3)

[^c14547041]: Sch. 14 para. 6(5): functions of a local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by S.I. 2000/2853, reg. 2(1), Sch. 1 A18

[^c14547051]: Sch. 14 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14547071]: Sch. 14 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14547081]: Sch. 14 wholly in force at 1.1.1997; Sch. 14 not in force at Royal Assent see s. 125(3); Sch. 14 in force for E.W. at 1.11.1995 by S.I. 1995/2765, art. 2; Sch. 14 in force for S. at 1.1.1997 by S.I. 1996/2857, art. 2

[^c14547091]: Sch. 14 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14547111]: Sch. 14 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14547121]: Sch. 14 wholly in force at 1.1.1997; Sch. 14 not in force at Royal Assent see s. 125(3); Sch. 14 in force for E.W. at 1.11.1995 by S.I. 1995/2765, art. 2; Sch. 14 in force for S. at 1.1.1997 by S.I. 1996/2857, art. 2

[^c14547131]: Sch. 14 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14547151]: Sch. 14 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14547161]: Sch. 14 wholly in force at 1.1.1997; Sch. 14 not in force at Royal Assent see s. 125(3); Sch. 14 in force for E.W. at 1.11.1995 by S.I. 1995/2765, art. 2; Sch. 14 in force for S. at 1.1.1997 by S.I. 1996/2857, art. 2

[^c14547171]: Words in Sch. 14 para. 9(3)(4) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. III (with s. 5, Sch. 3)

[^c14547191]: Sch. 14 para. 9(5)-(7) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. III (with s. 5, Sch. 3)

[^c14547221]: Sch. 14 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14547241]: Sch. 14 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14547251]: Sch. 14 wholly in force at 1.1.1997; Sch. 14 not in force at Royal Assent see s. 125(3); Sch. 14 in force for E.W. at 1.11.1995 by S.I. 1995/2765, art. 2; Sch. 14 in force for S. at 1.1.1997 by S.I. 1996/2857, art. 2

[^c14547261]: Sch. 14 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14547281]: Sch. 14 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14547291]: Sch. 14 wholly in force at 1.1.1997; Sch. 14 not in force at Royal Assent see s. 125(3); Sch. 14 in force for E.W. at 1.11.1995 by S.I. 1995/2765, art. 2; Sch. 14 in force for S. at 1.1.1997 by S.I. 1996/2857, art. 2

[^c14547301]: Sch. 14 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14547321]: Sch. 14 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14547331]: Sch. 14 wholly in force at 1.1.1997; Sch. 14 not in force at Royal Assent see s. 125(3); Sch. 14 in force for E.W. at 1.11.1995 by S.I. 1995/2765, art. 2; Sch. 14 in force for S. at 1.1.1997 by S.I. 1996/2857, art. 2

[^c14547341]: Sch. 14 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14547361]: Sch. 14 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c14547371]: Sch. 14 wholly in force at 1.1.1997; Sch. 14 not in force at Royal Assent see s. 125(3); Sch. 14 in force for E.W. at 1.11.1995 by S.I. 1995/2765, art. 2; Sch. 14 in force for S. at 1.1.1997 by S.I. 1996/2857, art. 2

[^c14547381]: Words in Sch. 14 para. 13(4) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. III (with s. 5, Sch. 3)

[^c14547391]: Words in Sch. 14 para. 13(4)(6) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. III (with s. 5, Sch. 3)

[^c14547431]: Words in Sch. 14 para. 13(6) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 60(2)

[^c14547441]: 1978 c. 30.

[^c14547451]: 1989 c. 15.

[^c14547461]: 1975 c. 51.

[^c14547471]: 1966 c. 38.

[^c14547511]: Sch. 15 para. 5 wholly in force at 1.4.1996; Sch. 15 para. 5 not in force at Royal Assent see s. 125(3); Sch. 15 para. 5(1) in force at 1.2.1996 by S.I. 1996/186, art 2; Sch. 15 para. 5(2)(3) in force at 1.4.1996 by S.I. 1996/186, art. 3

[^c14547521]: 1966 c. 38.

[^c14547531]: 1967 c. 84.

[^c14547541]: 1975 c. 51.

[^c14547551]: Sch. 15 para. 14 wholly in force at 1.1.1999; Sch. 15 para. 14 not in force at Royal Assent see s. 125(3); Sch. 15 para. 14(2)(3) in force at 1.4.1996 by S.I. 1996/186, art. 3 Sch. 15 para. 14(1)(4) in force at 1.1.1999 by S.I. 1995/1983, art. 4

[^c14547561]: 1951 c. 26.

[^c14547571]: 1991 c. 57.

[^c14547581]: 1937 c. 33.

[^c14547601]: 1986 c. 62.

[^c14547611]: 1991 c. 57.

[^c14547621]: Sch. 15 para. 26 wholly in force at 1.1.1999; Sch. 15 para. 26 not in force at Royal Assent see s. 125(3); Sch. 15 para. 26(1) in force at 21.9.1995 by S.I. 1995/1983, art. 3; Sch. 15 para. 26(2) in force at 1.1.1999 by S.I. 1995/1983, art. 4

[^c14547631]: 1975 c. 51.

[^c14547641]: 1974 c.40.

[^c14547651]: 1994 c.39.

[^c14547661]: 1991 c. 57.

[^c14547671]: 1990 c. 43.

[^c14547681]: 1985 c. 48.

[^c14547691]: 1980 c. 45.

[^c14547701]: 1990 c. 43.

[^c14547711]: 1984 c. 54.

[^c14547721]: 1968 c. 47.

[^c14547731]: 1954 c. 48.

[^c14547741]: 1975 c. 21.

[^c14547751]: 1990 c. 43.

[^c14547761]: 1994 c. 39.

[^c14547771]: 1897 c. 38.

[^c14547781]: 1993 c. 12.

[^c14547791]: 1990 c. 43.

[^c14547801]: Sch. 18 paras. 2-6 applied (with modifications) (6.3.1997) by S.I. 1997/648, reg. 28(5)(6)

[^c14547811]: Sch. 18 paras. 2-6 applied (with modifications) (6.3.1997) by S.I. 1997/648, reg. 28(5)(6)

[^c14547821]: Sch. 18 paras. 2-6 applied (with modifications) (6.3.1997) by S.I. 1997/648, reg. 28(5)(6)

[^c14547831]: Sch. 18 paras. 2-6 applied (with modifications) (6.3.1997) by S.I. 1997/648, reg. 28(5)(6)

[^c14547841]: Sch. 18 paras. 2-6 applied (with modifications) (6.3.1997) by S.I. 1997/648, reg. 28(5)(6)

[^c14547851]: 1974 c. 40.

[^c14547861]: 1980 c. 45.

[^c14547871]: 1989 c. 14.

[^c14547881]: 1990 c. 43.

[^c14547891]: 1991 c. 57.

[^c14547901]: 1993 c. 12.

[^c14547911]: Sch. 20 applied (with modifications) (E.W.) (4.5.2000) by S.I. 2000/1043, reg. 8 Sch. 20 applied (S.) (8.5.2000) by S.S.I. 2000/95, reg. 8

[^c14548001]: 1974 c. 40.

[^c14548011]: 1990 c. 43.

[^c14548021]: Word in Sch. 20 para. 4(3)(b) omitted (E.W.) (1.8.2000) by virtue of S.I. 2000/1973, reg. 39, Sch. 10 para. 19(a) and (S.) (28.9.2000) by virtue of S.S.I. 2000/323, regs. 1(1), 36, Sch. 10 para. 5(5)(a)

[^c14548031]: 1991 c. 57.

[^c14548051]: Sch. 20 para. 4(3)(d) and word inserted (E.W.) (1.8.2000) by S.I. 2000/1973, reg. 39, Sch. 10 para. 19(b)

[^c14548131]: 1972 c. 70.

[^c14548141]: 1973 c. 65.

[^c14548151]: Sch. 21 Pt. II para. 6 repealed (S.) (1.4.2002) by 2002 asp 3, s. 71(2), Sch. 7 para. 24(3) (with s. 67); S.S.I. 2002/118, art. 2(3)

[^c14548161]: Sch. 21 para. 1 partly in force; Sch. 21 para. 1 not in force at Royal Assent see s. 125(3); Sch. 21 para. 1(1) in force at 1.12.2000 by S.I. 2000/3033, art. 2

[^c14548171]: 1991 c. 56.

[^c14548181]: 1947 c. 44.

[^c14548191]: 1990 c. 8.

[^c14548201]: 1990 c. 8.

[^c14548211]: Sch. 21 para. 2 partly in force; Sch. 21 para. 2 not in force at Royal Assent see s. 125(3); Sch. 21 para. 2(1)-(3) in force at 21.9.1995 by S.I. 1995/1983, art. 3; Sch. 21 para. 2(4) in force for specified purposes at 1.7.1997 by S.I. 1997/1626, art. 2(b) (with transitional provisions in art. 3)

[^c14548221]: 1991 c. 57.

[^c14548231]: 1947 c. 44.

[^c14548241]: 1991 c. 59.

[^c14548251]: 1990 c. 8.

[^c14548261]: 1990 c. 8.

[^c14548271]: 1968 c.47.

[^c14548281]: 1974 c. 40.

[^c14548291]: 1980 c. 45.

[^c14548301]: 1972 c. 52.

[^c14548311]: 1972 c. 52.

[^c14548321]: 1994 c. 39.

[^c14548331]: 1972 c. 52.

[^c14548341]: 1972 c. 52.

[^c14548351]: 1906 c. 14.

[^c14548361]: 1947 c. 39.

[^c14548371]: 1951 c. 66.

[^c14548381]: 1958 c. 51.

[^c14548391]: 1958 c. 69.

[^c14548401]: 1951 c. 66.

[^c14548411]: 1965 c. 13.

[^c14548451]: 1967 c. 13.

[^c14548461]: 1991 c. 57.

[^c14548481]: 1968 c. 47.

[^c14548491]: 1970 c. 39.

[^c14548501]: 1970 c. 40.

[^c14548511]: 1971 c. 60.

[^c14548521]: 1990 c. 8.

[^c14548541]: Sch. 22 para. 16 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

[^c14548561]: 1972 c. 70.

[^c14548571]: Sch. 22 para. 17(a) repealed (1.4.1998) by 1997 c. 50, s. 134(2), Sch. 10; S.I. 1998/354, art. 2(2)(ay)(bc) (subject to art. 8)

[^c14548581]: 1974 c. 7.

[^c14548591]: 1991 c. 57.

[^c14548601]: 1974 c. 40.

[^c14548701]: Sch. 22 para. 27 not in force at Royal Assent see s. 125(3); Sch. 22 para. 27(a) in force at 1.4.1996 by S.I. 1996/186, art 3

[^c14548711]: 1990 c. 43.

[^c14548751]: Sch. 22 para. 29 partly in force; Sch. 22 para. 29 not in force at Royal Assent see s. 125(3); Sch. 22 para. 29(1)(22) in force for specified purposes at 12.10.1995 by S.I. 1995/2649, art. 2(j)(ii); Sch. 22 para. 29(1) in force at 1.4.1996 insofar as not already in force and Sch. 22 para. 29(2)-(20)(21)(a)(ii)(23)-(25)(27)-(35) in force at 1.4.1996 by S.I. 1996/186, art. 3; Sch. 22 para. 29(26) in force for S. at 1.1.2001 insofar as not already in force by S.S.I. 2000/433, art. 2

[^c14548761]: 1974 c. 40.

[^c14548771]: 1990 c. 43.

[^c14548781]: 1936 c. 49.

[^c14548791]: 1994 c. 39.

[^c14548801]: 1974 c. 37.

[^c14548811]: 1906 c. 14.

[^c14548821]: 1975 c. 24.

[^c14548831]: 1975 c. 25.

[^c14548841]: 1975 c. 30.

[^c14548851]: 1976 c. 57.

[^c14548861]: 1980 c. 45.

[^c14548891]: Sch. 22 para. 35 repealed (1.8.1997) by 1997 c. 48, ss. 30(5), 62(2), Sch. 3; S.I. 1997/1712, art. 3 (subject to arts. 4, 5)

[^c14548901]: 1984 c. 27.

[^c14548911]: Sch. 22 para. 37 wholly in force at 1.4.1998; Sch. 22 para. 37 not in force at Royal Assent see s. 125(3); Sch. 22 para. 37(1)(4) in force at 21.9.1995 by S.I. 1995/1983, art. 3; Sch. 22 para. 37(2)(b) in force at 1.2.1996 by S.I. 1996/186, art 2; Sch. 22 para. 37(3)(5)-(8) in force at 1.4.1996 by S.I. 1996/186, art. 3; Sch. 22 para. 37(2) in force at 1.4.1998 by S.I. 1998/604, art. 2

[^c14548921]: 1989 c. 29.

[^c14548931]: 1990 c. 43.

[^c14548951]: Sch. 22 para. 38 repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 8; S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)

[^c14548961]: Sch. 22 para. 39 repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 8; S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)

[^c14549011]: 1990 c. 43.

[^c14549041]: Sch. 22 para. 46 wholly in force at 23.12.1997; Sch. 22 para. 46 not in force at Royal Assent see s. 125(3); Sch. 22 para. 46(1)-(4)(6)-(11) in force at 1.4.1996 by S.I. 1996/186, art. 3; Sch. 22 para. 46(5) in force at 23.12.1997 by S.I. 1997/3044, art. 2

[^c14549121]: Sch. 22 para. 51 partly in force; Sch. 22 para. 51 not in force at Royal Assent see s. 125(3); Sch. 22 para. 51(1)-(3)(5) in force at 12.10.1995 by S.I. 1995/2649, art. 2(j)(iii); Sch. 22 para. 51(4) in force at 1.4.1996 by S.I. 1996/186, art. 3

[^c14549251]: 1985 c. 51.

[^c14549401]: Sch. 22 para. 79 wholly in force; Sch. 22 para. 79 not in force at Royal Assent see s. 125(3); Sch. 22 para. 79 in force for E. at 1.4.2000 by S.I. 2000/340, art. 2 (with art. 3); s. 79 in force for S. at 14.7.2000 by S.S.I. 2000/180, art. 2(1)(b) (subject to art. 2(2) and with art. 3); Sch. 22 para. 79 in force for W. at 15.9.2001 by S.I. 2001/3211, art. 2(b) (with art. 3)

[^c14549411]: Sch. 22 para. 80 wholly in force at 1.4.1996; Sch. 22 para. 80 not in force at Royal Assent see s. 125(3); Sch. 22 para. 80(1)(2) in force at 21.9.1995 by S.I. 1995/1983, art. 3; Sch. 22 para. 80(3) in force at 1.4.1996 by S.I. 1996/186, art. 3

[^c14549461]: S. 89 wholly in force; s. 89 not in force at Royal Assent see s. 125(3); s. 89 in force for E. at 1.4.2000 by S.I. 2000/340, art. 2 (with art. 3); s. 89 in force for S. at 14.7.2000 by S.S.I. 2000/180, art. 2(1)(b) (subject to art. 2(2) and with art. 3); s. 89 in force for W. at 15.9.2001 by S.I. 2001/3211, art. 2(b) (with art. 3)

[^c14549471]: S. 91 wholly in force; s. 91 not in force at Royal Assent see s. 125(3); s. 91 in force for E. at 1.4.2000 by S.I. 2000/340, art. 2 (with art. 3); s. 91 in force for S. at 14.7.2000 by S.S.I. 2000/180, art. 2(1)(b) (subject to art. 2(2) and with art. 3); S. 91 in force for W. at 15.9.2001 by S.I. 2001/3211, art. 2(b) (with art. 3)

[^c14549481]: S. 92 wholly in force; s. 92 not in force at Royal Assent see s. 125(3); s. 92 in force for E. at 1.4.2000 by S.I. 2000/340, art. 2 (with art. 3); s. 92 in force for S. at 14.7.2000 by S.S.I. 2000/180, art. 2(1)(b) (subject to art. 2(2) and with art. 3); s. 92 in force for W. at 15.9.2001 by S.I. 2001/3211, art. 2(b) (with art. 3)

[^c14549491]: 1972 c. 70.

[^c14549501]: 1973 c. 65.

[^c14549511]: 1991 c. 56.

[^c14549521]: 1995 c. 25.

[^c14549531]: 1991 c. 57.

[^c14549541]: Sch. 22 para. 103 partly in force; Sch. 22 para. 103 not in force at Royal Assent see s. 125(3); Sch. 22 para. 103 in force for specified purposes at 1.2.1996 by S.I. 1996/186, art 2; Sch. 22 para. 103 in force at 1.4.1996 insofar as not already in force by S.I. 1996/186, art. 3

[^c14549551]: Sch. 22 para. 114(2) repealed (1.4.2000) by 1999 c. 9, s. 15(2), Sch. 4, Pt. I; S.I. 1999/3440, art. 3

[^c14549561]: 1989 c. 15.

[^c14549571]: 1995 c. 25.

[^c14549581]: 1990 c. 43.

[^c14549591]: 1991 c. 57.

[^c14549601]: 1995 c. 25.

[^c14549611]: 1972 c. 70.

[^c14549621]: 1991 c. 57.

[^c14549631]: Sch. 22 para. 133 wholly in force at 1.4.1996; Sch. 22 para. 133 not in force at Royal Assent see s. 125(3); Sch. 22 para. 133(1) in force at 21.9.1995 by S.I. 1995/1983, art. 3; Sch. 22 para. 133(2) in force at 1.4.1996 by S.I. 1996/186, art. 3

[^c14549641]: 1989 c. 15.

[^c14549671]: 1963 c. 38.

[^c14549681]: 1989 c. 15.

[^c14549691]: 1989 c. 29.

[^c14549701]: Sch. 22 para. 162 wholly in force at 29.4.1999; Sch. 22 para. 162 not in force at Royal Assent see s. 125(3); Sch. 22 para. 162 in force for specified purposes at 21.9.1995 by S.I. 1995/1983, art. 3; Sch. 22 para. 162 in force for further specified purposes at 16.3.1999 by S.I. 1999/803, art. 2; Sch. 22 para. 162 in force at 29.4.1999 insofar as not already in force by S.I. 1999/1301, art. 2

[^c14549711]: 1954 c. 70.

[^c14549721]: 1990 c. 43.

[^c14549731]: 1936 c. 49.

[^c14549741]: Sch. 22 para. 169 wholly in force at 31.12.1996; Sch. 22 para. 169 not in force at Royal Assent see s. 125(3); Sch. 22 para. 169 in force for specified purposes at 21.11.1996 by S.I. 1996/2909, art. 2 (with art. 4); Sch. 22 para. 169 in force at 31.12.1996 insofar as not already in force by S.I. 1996/2909, art. 3 (subject to art. 4)

[^c14549751]: Sch. 22 para. 170 wholly in force at 31.12.1996; Sch. 22 para. 170 not in force at Royal Assent see s. 125(3); Sch. 22 para. 170 in force for specified purposes at 21.11.1996 by S.I. 1996/2909, art. 2 (with art. 4); Sch. 22 para. 170 in force at 31.12.1996 insofar as not already in force by S.I. 1996/2909, art. 3 (subject to art. 4)

[^c14549761]: 1989 c. 15.

[^c14549771]: 1989 c. 15.

[^c14549781]: 1990 c. 43.

[^c14549791]: 1991 c. 59.

[^c14549801]: 1989 c. 15.

[^c14549811]: 1989 c. 29.

[^c14549851]: Sch. 22 para. 187 wholly in force at 1.4.1996; Sch. 22 para. 187 not in force at Royal Assent see s. 125(3); Sch. 22 para. 187(1) in force at 21.9.1995 by S.I. 1995/1983, art. 3; Sch. 22 para. 187(2) in force at 1.4.1996 by S.I. 1996/186, art. 3

[^c14549861]: 1991 c. 59.

[^c14549871]: 1993 c. 11.

[^c14549981]: 1991 c. 57.

[^c14549991]: 1974 c. 40.

[^c14550001]: 1990 c. 43.

[^c14550011]: 1994 c. 19.

[^c14550051]: 1994 c. 39.

[^c14550061]: Sch. 22 para. 232 partly in force; Sch. 22 para. 232 not in force at Royal Assent see s. 125(3); Sch. 22 para. 232(1) in force at 1.2.1996 by S.I. 1996/186, art. 2

[^c14550071]: 1968 c. 47.

[^c14550081]: 1993 c. 12.

[^c14550091]: 1906 c. 14.

[^c14550101]: 1906 c. 14.

[^c14550111]: 1974 c. 37.

[^c14550121]: 1978 c. 30.

[^c14550131]: 1991 c. 57.

[^c14550161]: 1973 c. 65.

[^c14550171]: 1906 c. 14.

[^c14550181]: 1958 c. 51.

[^c14550191]: 1967 c. 13.

[^c14550221]: 1974 c. 7.

[^c14550231]: 1990 c. 43.

[^c14550241]: 1974 c. 40.

[^c14550251]: Sch. 23 para. 14 wholly in force at 1.1.1999; Sch. 23 para. 14 not in force at Royal Assent see s. 125(3); Sch. 23 para. 14(1)-(4)(7) wholly in force and Sch. 23 para. 14(8) in force for specified purposes at 1.4.1996 by S.I. 1996/186, art. 3; Sch. 23 para. 14(5)(6) wholly in force and Sch. 22 para. 14(8) in force for specified purposes at 1.1.1999 by S.I. 1995/1983, art. 4

[^c14550261]: 1975 c. 51.

[^c14550271]: 1978 c. 30.

[^c14550281]: 1975 c. 51.

[^c14550311]: 1990 c. 43.

[^c14550321]: 1974 c. 40.

[^c14550331]: 1991 c. 56.

[^c14550341]: 1991 c. 57.

[^c14550351]: 1991 c. 57.

[^c14550361]: 1986 c. 45.

[^c14550371]: 1986 c. 45.

[^c14550381]: 1991 c. 60.

[^c14550391]: Sch. 24 partly in force; Sch. 24 not in force at Royal Assent see s. 125(3); Sch. 24 in force for specified purposes at 21.9.1995 by S.I. 1995/1983, art. 3; Sch. 24 in force for further specified purposes at 1.11.1995 by S.I. 1995/2765, art. 2; Sch. 24 in force for further specified purposes at 1.2.1996 by S.I. 1996/186, art. 2; Sch. 24 in force for further specified purposes at 1.4.1996 by S.I. 1996/186, art. 3; Sch. 24 in force for further specified purposes at 1.4.1997 by S.I. 1996/2560, art. 2, Sch.; Sch. 24 in force for further specified purposes at 1.1.1997 by S.I. 1996/2857, art. 2; Sch. 24 in force for further specified purposes at 1.1.1999 by 1995/1983, art. 4 Sch. 24 in force for E. for further specified purposes at 1.4.2000 by S.I. 2000/340, art. 2(c); Sch. 24 in force for S. for further specified purposes at 14.7.2000 by S.S.I. 2000/180, art. 2(1)(c); Sch. 24 in force for further specified purposes for W. at 15.9.2001 by S.I. 2001/3211, art. 2(c) (with art. 3)

[^c14550401]: For extent of Sch. 24, see s. 125(7)(8)(10)

[^c15398461]: Sch. 13 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[^c22561561]: S. 108 excluded by 1991 c. 57, s. 172(3A) (as added (1.4.1996) by 1995 c. 25, Sch. 22 para. 166; S.I. 1996/186, art. 3)

[^c23086591]: OJ No L 137, 24.5.2017, p1.

[^key-004ccc3ddafd642c50687dfdd869d662]: Words in s. 46(1) inserted (23.5.2003) by Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2003 (S.I. 2003/1326), arts. 1, 19(2)

[^key-00ec4e92c6faa8959069c3cf0f37d9a8]: Words in s. 86(7)(b) omitted (1.5.2022) by virtue of Environment Act 2021 (c. 30), s. 147(3), Sch. 11 para. 9(7)(b)(i) (with s. 144); S.I. 2022/48, reg. 4(c)

[^key-016f74ae495dee5695a9983244c20b77]: Words in s. 41A(1)(b)(i) substituted (1.5.2021) by The Greenhouse Gas Emissions (Kyoto Protocol Registry) Regulations 2021 (S.I. 2021/511), regs. 1, 11(a)

[^key-01ed2d0b2425011348fc0e890cf8c2cd]: S. 42 modified (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 21 (with art. 24)

[^key-0201b3af56d9b63cbf59102c370a9046]: Words in s. 41(1)(g) substituted (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 3(3)(a)(iv) (as amended by S.I. 2020/1540, regs. 1(3), 12(2)(a)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-02156da6e0ede517a6b17b1e5eb9656d]: Words in s. 41(1)(b) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 372(2)(b) (with Sch. 7)

[^key-021e452698da35394099f8230ce9cd47]: S. 110 applied by S.I. 2005/2773, reg. 7(4A) (as inserted (E.) (23.12.2009) by The Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products (Amendment) (England) Regulations 2009 (S.I. 2009/3145), regs. 1, 2)

[^key-027fce02dda6cf20aecc009314461c9c]: Sch. 22 para. 201 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

[^key-02889287b04fa632877fa83f3f14e2de]: Sch. 22 para. 30(4) repealed (S.) (26.2.2015) by The Regulatory Reform (Scotland) Act 2014 (Consequential Modifications) Order 2015 (S.I. 2015/374), arts. 1(1), 6(4)

[^key-02b4344363118016658e76b0d21f1f14]: Sch. 22 para. 27(b)(c) in force at 1.1.2005 for S. by S.S.I. 2004/541, art. 2(a)

[^key-02bda7317a2ba297ec5f8ca23abfeb02]: S. 87(1)(b)(i) substituted (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 3(9)(b) (with reg. 8(3)) (as amended by S.I. 2020/1540, regs. 1(3), 12(5)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-030ee203650c2eccf1beedfea9e27fcc]: Word in Sch. 1 para. 1(3)(b) substituted (6.4.2016) by The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Bankruptcy) and the Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/481), reg. 1, Sch. 1 para. 18

[^key-03d7a1024bbdbc87b258e8cca8c8763b]: Sch. 14 paras. 12(A1)-(A4) inserted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), s. 35(1), Sch. 3 para. 9(2) (with s. 10); S.I. 2013/1488, art. 3(d)

[^key-03da9210bf6c0388a9e0928d7c425249]: Words in s. 86(2) substituted (1.5.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 11 para. 9(3) (with s. 144); S.I. 2022/48, reg. 4(c)

[^key-05098f04a3bf7651001b2ef17b656bbf]: Sch. 22 para. 37(6) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

[^key-063d7e804243dc841850e55c88d2f7f3]: S. 114(2)(b) omitted (S.) (1.4.2006) by virtue of The Water Environment (Consequential and Savings Provisions) (Scotland) Order 2006 (S.S.I. 2006/181), sch. Pt. 4 para. 8(5)(d)

[^key-065d32c3c15ecccfbe25fa98bd8931d5]: S. 123 applied by The Rural Stewardship Scheme (Scotland) Regulations 2001 (S.S.I. 2001/300), reg. 14(6) (as substituted (S.) (1.4.2003) by S.S.I. 2003/177, regs. 1, 2(4))

[^key-068259d6460e39ae48cc8f8bddfa3477]: Words in s. 42(4) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 373(5)(a)(i) (with Sch. 7)

[^key-06ae7a3a4017c3106e6f9975152defe6]: S. 110 applied (with modifications) (1.4.2018) by The Control of Mercury (Enforcement) Regulations 2017 (S.I. 2017/1200), regs. 2(2), 27(3) (with reg. 1(2))

[^key-06c1f98b8706f80c57e7e31268c5839b]: S. 123 applied by Reservoirs Act 1975 (c. 23), s. 22A (as inserted (1.10.2004) by Water Act 2003 (c. 37), ss. 76(2), 105(3); S.I. 2004/2528, art. 2(l) (with Sch. para. 8))

[^key-0732faa68616b3359473915b04c312d0]: Sch. 22 para. 95 in force at 1.1.2005 for E.W. by S.I. 2006/934, art. 2(a)

[^key-075a866e29f47d33ab16ce6a6debf35f]: S. 85 applied (with modifications) (E.W.) (1.2.2005) by Local Authorities' Plans and Strategies (Disapplication) (England) Order 2005 (S.I. 2005/157), arts. 1, 8(3), (4)

[^key-0781e0b49703a811b87ebd00a8e15c93]: Sch. 18 applied (with modifications) (E.W.) (1.4.2018) by The Control of Mercury (Enforcement) Regulations 2017 (S.I. 2017/1200), regs. 2(2), 9(4)(5) (with reg. 1(2))

[^key-079be5a04b2b2043fe9e57c357ecb366]: Words in s. 42(4) inserted (3.12.2012) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging Schemes) Regulations 2012 (S.I. 2012/2788), regs. 1, 6(5)(a)

[^key-07cc56552bd5bf590b742b06704209f5]: S. 42(2)(b) substituted (3.12.2012) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging Schemes) Regulations 2012 (S.I. 2012/2788), regs. 1, 6(2)

[^key-07e3448ea11a263783aed33bff437b2d]: Sch. 8 para. 8(5) repealed (18.11.2003 for E., 27.11.2003 for W.) by Local Government Act 2003 (c. 26), s. 128(6), Sch. 8 Pt. 1; S.I. 2003/2938, art. 3(i)(vi) (with art. 8 Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I

[^key-0877a07db5ce9ca23a20be9385ed1c25]: S. 41(1)(l)(m) inserted (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 3(3)(a)(v); 2020 c. 1, Sch. 5 para. 1(1)

[^key-087f287359a931b14f42365fd79cb6ca]: Words in s. 113(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 384(2)(a) (with Sch. 7)

[^key-08ccbfc494ee18d2b09224b871155ad0]: Sch. 22 para. 34(4) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

[^key-08e4da6207f8a4671ce90425175d7f5c]: Words in s. 8(1) omitted (1.4.2013) by virtue of The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 366(2)(a)(ii) (with Sch. 7)

[^key-0904faecd264b647e056de4fa9669c21]: Sch. 4 para. 1(5)(ba)(bb) inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 68(4), 105(3); S.I. 2004/641, art. 3(q) (with Sch. 3 para. 7)

[^key-091ed8bf09225180e8803298a935bc3f]: S. 85(6)(7) applied (with modifications) (E.) (11.6.2010) by The Air Quality Standards Regulations 2010 (S.I. 2010/1001), regs. 1(1), 31(2)

[^key-093336f77927a7bf00ba1123f2f4e865]: S. 85(6A) applied (9.9.2003) by The Air Quality Limit Values Regulations 2003 (S.I. 2003/2121), regs. 1(1), 14(2)

[^key-097f5cdb94765cb0532fb04915ab27b4]: Words in s. 41A(7) substituted (1.5.2021) by The Greenhouse Gas Emissions (Kyoto Protocol Registry) Regulations 2021 (S.I. 2021/511), regs. 1, 11(c)

[^key-099069b02382e2542d503441d6d8d1bd]: Sch. 17 para. 8 repealed (S.) (1.9.2018) by The Environmental Authorisations (Scotland) Regulations 2018 (S.S.I. 2018/219), reg. 1, sch. 7 para. 1 (with reg. 78, sch. 5 para. 2)

[^key-09a2c2466eb4abfdbd853e14b6ea24aa]: S. 114(2)(a)(i) substituted (1.4.2006) by The Water Environment (Consequential and Savings Provisions) (Scotland) Order 2006 (S.S.I. 2006/181), sch. Pt. 4 para. 8(5)(a)

[^key-09ca531b18289b54659e8ef56fef36cc]: Words in Sch. 14 para. 4(1) substituted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), s. 35(1), Sch. 3 para. 8(3)(b) (with s. 10); S.I. 2013/1488, art. 3(d)

[^key-0a0300ad9b7a253668ef7a161f8f9551]: S. 41 restricted (E.W.) (3.11.2003) by End-of-Life Vehicles Regulations 2003 (S.I. 2003/2635), regs. 1(2)(b), 49(2) (with regs. 3, 4)

[^key-0aa096b3be43f06cb6b7d3de550c776e]: Words in Sch. 8 para. 7(3) substituted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(3)(b), Sch. 4 para. 7(2)(b); S.I. 2009/3318, art. 4(ff)

[^key-0ab621a6ad97174de84345f5bbe5b324]: Words in s. 111(4)(a) inserted (3.12.2012) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging Schemes) Regulations 2012 (S.I. 2012/2788), regs. 1, 8(4)(a)(ii)

[^key-0aebf76534a7a7427400a9463769be43]: S. 30(1)(b)-(d) repealed (S.) (1.1.2013) by Public Records (Scotland) Act 2011 (asp 12), ss. 14(c), 16(1); S.S.I. 2012/247, art. 2

[^key-0af0be532ddddd2522463afb0ab8246b]: Words in s. 42(2) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 373(3)(a)(i) (with Sch. 7)

[^key-0b13bcf1fa9685d8906895b84e2d0855]: S. 41A(7) substituted (31.1.2014) by The Greenhouse Gas Emissions Trading Scheme and National Emissions Inventory (Amendment) Regulations 2013 (S.I. 2013/3135), regs. 1, 13(3)

[^key-0b757f3e3c9d8c4256703143a4aca641]: S. 86(1) omitted (1.5.2022) by virtue of Environment Act 2021 (c. 30), s. 147(3), Sch. 11 para. 9(2) (with s. 144); S.I. 2022/48, reg. 4(c)

[^key-0ba7c5e8c7f440b0e40e897dda7826a7]: Sch. 4 repealed (E.W.) (1.4.2011) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 2 para. 53 (with s. 49(1)(6)); S.I. 2011/694, art. 3(i)

[^key-0be530704d522c10084a20e5c42191a1]: S. 110(5A)-(5C) inserted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 29(6)(c); S.S.I. 2014/160, art. 2(1)(2)

[^key-0c713c29b8d473b698c1a57e71c14df7]: Sch. 22 para. 87 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

[^key-0c85d6fe5f06c40f0c39bde1aa0c6261]: Word in Sch. 7 para. 7(4) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 203(2), 245(5); S.I. 2008/172, art. 4(m)

[^key-0ca7b9c0d71ede71ed1d85d582e02634]: Sch. 5 para. 1(3) modified (1.4.2006) by The Welsh Regional Flood Defence Committee (Composition) Order 2006 (S.I. 2006/980), arts. 1(1), 3

[^key-0cf284600fc61667306555a1a6d9c23d]: S. 37(2)(4) functions cease to be exercisable (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 6 (with art. 24)

[^key-0d1e48a05f6345966be276d11bae8f49]: S. 27(4) added (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 43(2); S.S.I. 2014/160, art. 2(1)(2)

[^key-0d59d0f55ba34d0b1d260667926c3abe]: Sch. 22 para. 219 repealed (S.) (1.9.2018) by The Environmental Authorisations (Scotland) Regulations 2018 (S.S.I. 2018/219), reg. 1, sch. 7 para. 1 (with reg. 78, sch. 5 para. 2)

[^key-0d73e752aa8d76f4f44602baa3b25514]: Words in s. 108(15) repealed (1.4.2015 for S.) by Pollution Prevention and Control Act 1999 (c. 24), s. 7(3), Sch. 3; S.S.I. 2015/74, art. 2(2)(g)

[^key-0e2a99dd7b845e158bc26d0a48d8dd2b]: Sch. 22 para. 29(21)(a)(i)(b)-(e) in force for S. at 1.4.2003 by S.S.I. 2003/206, art. 2(a)

[^key-0e4d7cc500b518fee00d8c0a771d6a83]: S. 9(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 367(2) (with Sch. 7)

[^key-0f0d9e4478b6cfef6c659a794f849777]: Words in Sch. 14 para. 3 substituted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), s. 35(1), Sch. 3 para. 6(3) (with s. 10); S.I. 2013/1488, art. 3(d)

[^key-0f5dee15cf4a273d1eca669c8c716f07]: Words in s. 81(2) repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 14(11)(a); S.S.I. 2014/160, art. 2(1)(2)

[^key-0fbc8733c005122bd8fea451006dacf6]: Sch. 22 para. 29(9)(b) repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 29(10)(b)(ii); S.S.I. 2014/160, art. 2(1)(2)

[^key-0fd7a63a76c5839fda036ab28eeee5eb]: Words in s. 6(6) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 365(7) (with Sch. 7)

[^key-1028163bf1ceaa0769b67bbbbfe91922]: S. 118(4)(5) in force at 1.4.2020 in so far as not already in force by S.I. 2020/216, art. 2

[^key-103b945a08ff1e375671f86233f251cd]: Word in s. 39 title substituted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 14(10); S.S.I. 2014/160, art. 2(1)(2)

[^key-105402b3b293169872d0590fdb86d2b6]: S. 65(6A) inserted (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 5 para. 14(3)

[^key-106353125ecac97f485cfd6e519e825b]: S. 120(1) in force at 1.4.2003 for specified purposes for S. by S.S.I. 2003/206, art. 2

[^key-10a7183da223bc977dfe27b1820d4f6b]: Transfer of certain functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1 (as amended (E.W.) (17.3.2004 for specified purposes) by Water Act 2003 (c. 37), ss. 100(5)(6), 105(3) (with s. 100(7)); S.I. 2004/641, arts. 2(b), 3(x) (with Sch. 3 para. 7))

[^key-10fc350c2a84d7e95803f1126fa432e6]: S. 40(9) added (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 43(6); S.S.I. 2014/160, art. 2(1)(2)

[^key-11278716e465c05c8734c8a393fe2986]: Words in s. 56(1) substituted (24.1.2022 for specified purposes, 7.3.2022 for W. for specified purposes, 9.11.2022 for S. for specified purposes) by Environment Act 2021 (c. 30), s. 64(3)(a)(i) (with s. 144); S.I. 2022/48, reg. 2(l); S.I. 2022/223, regs. 1(2), 2(c); S.S.I. 2022/305, reg. 2(b)

[^key-1145ffcd9219ba540853fa2b6b3bb609]: Sch. 13 para. 11(2) modified (W.) (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (S.I. 2017/567), reg. 1(2), Sch. 8 para. 8(6)(b) (with regs. 1(4), 55(2)(3), 63, 65)

[^key-1162d752eaafae01a7a5299613bb849d]: Words in s. 4(9) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 362(5)(a) (with Sch. 7)

[^key-1185956c6c51bee9c57e8570a35b5ede]: Sch. 15 para. 2(4)(a) repealed (1.4.2010 for W., 1.4.2011 for E.) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 22 Pt. 4; S.I. 2010/630, art. 3(b) (with arts. 8, 12); S.I. 2011/556, art. 2(2)(o) (with art. 2(3))

[^key-1284abaffa1c4c8d4d107490caeece79]: S. 41(1)(d) and word inserted (12.7.2007) by The Transfrontier Shipment of Waste Regulations 2007 (S.I. 2007/1711), regs. 1, 46(1)(b) (with reg. 3)

[^key-128946bd1d62948650fd999a44e05b5b]: Sch. 22 para. 226 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

[^key-12ed79e7ccf7e90d866f80bd7c7d73c3]: Sch. 14 para. 9(2) modified (W.) (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (S.I. 2017/567), reg. 1(2), Sch. 8 para. 8(6)(b) (with regs. 1(4), 55(2)(3), 63, 65)

[^key-13297eb464a1e402a193b6ec874077a0]: Words in s. 113(5) inserted (S.) (1.1.2015) by Revenue Scotland and Tax Powers Act 2014 (asp 16), s. 260(2), sch. 4 para. 2(3)(b) (with ss. 257-259); S.S.I. 2014/370, art. 2

[^key-132b864b038a54dce679c00ae650b57c]: Sch. 23 para. 5 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

[^key-1358a9af762bd2ed66b4cac7dcb99f1e]: Sch. 22 para. 223 repealed (S.) (1.9.2018) by The Environmental Authorisations (Scotland) Regulations 2018 (S.S.I. 2018/219), reg. 1, sch. 7 para. 1 (with reg. 78, sch. 5 para. 2)

[^key-1382e91ad648d34079f6756dec7c35b6]: Words in s. 110(5H) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1

[^key-138a36afeee30c325b6538e5c9fbb0a0]: S. 120(1)(3) in force at 1.1.2005 for specified purposes for E.W. by S.I. 2006/934, art. 2

[^key-13c0df33f4baf28cf431516601a4818f]: Words in s. 8(3) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 366(5)(a) (with Sch. 7)

[^key-1427e9928e764ac17043997b6b8c717e]: Words in s. 56(1) substituted (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 3(5)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

[^key-1442608408508aaeff8e05da77ad4eb3]: Sch. 9 para. 4A inserted (5.11.2013) by Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 8(3) (with Sch. 5 para. 7) (this amendment is to be treated as not having effect until 1.10.2014 by virtue of S.I. 2014/11, art. 3(2))

[^key-144be2a60a10ee7f7f930b72ddbaba1f]: Ss. 93-95 repealed (24.1.2022 for E., 7.3.2022 for W., 9.11.2022 for S.) by Environment Act 2021 (c. 30), ss. 50(6)(a), 147(3)(6) (with s. 144); S.I. 2022/48, reg. 2(i) (with reg. 6); S.I. 2022/223, regs. 1(2), 2(a) (with reg. 3); S.S.I. 2022/305, reg. 2(a) (with reg. 3)

[^key-148f292c4dd2fb1ac2f69a9fd759958e]: Sch. 22 para. 63 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

[^key-15d40a3f3100c326b28ef2885bb426b8]: Words in s. 42(4)(b) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 373(5)(c) (with Sch. 7)

[^key-168c8e3963e8674961d47a6cd33958ca]: Words in s. 86(6)(a) inserted (1.5.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 11 para. 9(6) (with s. 144); S.I. 2022/48, reg. 4(c)

[^key-16aa56f2bfb3239e5b2b3293ec80e742]: Words in s. 6(4) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 365(5) (with Sch. 7)

[^key-16c9dfec05b9ea0a07f5cef89af193b9]: Sch. 22 para. 29(22) in force for S. at 1.4.2003 in so far as not already in force by S.S.I. 2003/206, art. 2(a)

[^key-17347ed9326033b139b9960a6115950a]: Sch. 22 para. 230 repealed (S.) (1.9.2018) by The Environmental Authorisations (Scotland) Regulations 2018 (S.S.I. 2018/219), reg. 1, sch. 7 para. 1 (with reg. 78, sch. 5 para. 2)

[^key-1763d897b68f068c7a3cd9f02ea5b1c5]: Sch. 22 para. 96(2)-(5) repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 29(10)(d); S.S.I. 2014/160, art. 2(1)(2)

[^key-17a2bf5f8c23faa8d74aa81be6c7c9bb]: Sch. 22 para. 3(2) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

[^key-191957f80b10b7ed7674932182d0f5a1]: S. 108(4) modified (16.12.2005) by The Producer Responsibility Obligations (Packaging Waste) Regulations 2005 (S.I. 2005/3468), regs. 1(1), 35(2)

[^key-193a565747dfb6312e85d857e94d19e8]: Words in s. 41(1) substituted (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 16(2) (with arts. 24, 28)

[^key-1bf609072e2d569043f2352e59b5d388]: Sch. 22 para. 11(c) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

[^key-1bff0a169172b517753ea4d2fac16c2d]: Sch. 22 para. 30(2) repealed (S.) (26.2.2015) by The Regulatory Reform (Scotland) Act 2014 (Consequential Modifications) Order 2015 (S.I. 2015/374), arts. 1(1), 6(4)

[^key-1c7017b09d6ac5b204821b02568aedd7]: Words in s. 4(5)(c) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 362(3) (with Sch. 7)

[^key-1d0313e917d5b08bc9193b8cf735eded]: Sch. 22 para. 93 repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 29(10)(c); S.S.I. 2014/160, art. 2(1)(2)

[^key-1d1330d91d910e2977c61e97b192c010]: Sch. 11 para. 1(2)(d) substituted (1.5.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 11 para. 14 (with s. 144); S.I. 2022/48, reg. 4(c)

[^key-1dface4f8d1f3bada7b409e4ce5ffe5a]: Words in s. 56(1) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 375(2) (with Sch. 7)

[^key-1e2622d81d89347c56cd321f1fa3cdd8]: Words in s. 108(15) repealed (E.W.) (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 26 para. 13(5), Sch. 28 (with reg. 1(2), Sch. 4)

[^key-1e3afd4d86aa65b4a98670bf2dc55043]: S. 84(1A) inserted (1.5.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 11 para. 7(3) (with s. 144); S.I. 2022/48, reg. 4(c)

[^key-1e409424f0ce98ef5dd18175bcbba373]: S. 21(1)(h) repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 29(2)(a)(iii); S.S.I. 2014/160, art. 2(1)(2)

[^key-1e8aeac2853c58ec3b646eb70ab3e628]: Sch. 22 para. 96(7) repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 29(10)(d); S.S.I. 2014/160, art. 2(1)(2)

[^key-1ec23166d7a2b23d59ef2c0fd1289977]: S. 53(4) added (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 43(8); S.S.I. 2014/160, art. 2(1)(2)

[^key-1f17b4207a7675ffa65318a8282276e1]: Words in Sch. 18 para. 3 repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), ss. 46(4)(b)(ii), 61(2); S.S.I. 2014/160, art. 2(1)(2)

[^key-1f89d992592d7279e5754cca2d952c0d]: Words in Sch. 11 para. 4(2)(b) repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 29(8)(b); S.S.I. 2014/160, art. 2(1)(2) and omitted (E.W.) (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(q), Sch. 13 para. 8(2)(c)

[^key-1fd6ea34aec696150d8c91326bb6ac4b]: Sch. 9 para. 11(c) substituted (12.2.2003 for E., 6.12.2006 for W.) by Countryside and Rights of Way Act 2000 (c. 37), s. 103(3), Sch. 6 para. 26; S.I. 2003/272, art. 2(s); S.I. 2006/3257, art. 2(a)(ii)

[^key-1fdb15827982c0ca1ed3d0a57bfaf352]: Words in s. 108(15) inserted (31.3.2004 for W., 31.3.2004 for E.) by Anti-social Behaviour Act 2003 (c. 38), ss. 55(8), 93; S.I. 2004/690, art. 3(h); S.I. 2004/999, art. 2(m)

[^key-202f22daf9d84fb3399d4845e7f1094a]: S. 41(1)(f) inserted (25.12.2008) by The Transfrontier Shipment of Radioactive Waste and Spent Fuel Regulations 2008 (S.I. 2008/3087), regs. 1, 17(1)(b) (with reg. 3)

[^key-20337fb7f44c83a02a514e639fccbe97]: S. 108A applied (with modifications) (S.) (28.2.2023) by The Packaging Waste (Data Reporting) (Scotland) Regulations 2023 (S.S.I. 2023/7), regs. 1, 26(4)

[^key-20419415d99308eb3c2f4294c08eb13b]: Words in s. 86(7)(c) omitted (1.5.2022) by virtue of Environment Act 2021 (c. 30), s. 147(3), Sch. 11 para. 9(7)(c)(i) (with s. 144); S.I. 2022/48, reg. 4(c)

[^key-20828a035364cf75551b8e0d064894bb]: Sch. 19 para. 6 repealed (S.) (1.9.2018) by The Environmental Authorisations (Scotland) Regulations 2018 (S.S.I. 2018/219), reg. 1, sch. 7 para. 1 (with reg. 78, sch. 5 para. 2)

[^key-20bffc89527353212adc7b04c65b7fe2]: Words in s. 33(2)(a) repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 14(5)(b)(ii); S.S.I. 2014/160, art. 2(1)(2)

[^key-20d3bdc611fb1a6db37c085763633cb1]: Words in s. 9(4) omitted (1.4.2013) by virtue of The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 367(6)(a) (with Sch. 7)

[^key-211e0c41a4693261acdc159fdc8a9708]: Words in Sch. 22 para. 30(5) substituted (1.4.2008) by The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 1, Sch. 3 (with art. 21, Sch. 2)

[^key-212c8bfcfbaf9f44b23bc2b089976df0]: Words in s. 66(7)(a) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 143; S.I. 2006/2541, art. 2 (with Sch.)

[^key-21513b8263d9d2e3bd07d84d4662696a]: Words in s. 41A(3) substituted (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 17(5) (with art. 24)

[^key-21d0ad1da696ed9217beb916f0efa15f]: Words in s. 42(2)(a) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 373(3)(b) (with Sch. 7)

[^key-21fa1696fe1429f600b523ac5f70192d]: Words in s. 108(1)(b) inserted (E.W.) (6.4.2016) by The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2016 (S.I. 2016/475), reg. 1(2), Sch. 3 para. 3(3)(a)(ii) (with regs. 31-33)

[^key-224f6c0d2a8e5d7b1f40bf7078e2b4d2]: Sch. 22 para. 25 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

[^key-226fcbea9d13b55a3c723b6ed0455e00]: Words in s. 87(2)(m) inserted (1.5.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 11 para. 11(2)(d)(ii) (with s. 144); S.I. 2022/48, reg. 4(c)

[^key-227136e255f6911e486233dcc9f59b9b]: S. 41A(6)(a) substituted (3.12.2012) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging Schemes) Regulations 2012 (S.I. 2012/2788), regs. 1, 5(6)

[^key-22c523c94c2921721f3b802dab856634]: Words in s. 41(1)(f) substituted (E.W.) (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 3(3)(a)(iii) (as amended by S.I. 2020/1540, regs. 1(3), 12(2)(a)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-230e5f1db071c7254fe7a7a7c9fd81ae]: S. 110 applied (with modifications) (1.4.2018) by The Control of Mercury (Enforcement) Regulations 2017 (S.I. 2017/1200), regs. 2(2), 9(4)(5) (with reg. 1(2))

[^key-231d0c0416ccd93fbbc79b8e86da7ee7]: S. 41A inserted (21.4.2005) by The Greenhouse Gas Emissions Trading Scheme Regulations 2005 (S.I. 2005/925), Sch. 6 para. 1(2) (with reg. 3)

[^key-2349ef3e65d8b0ef2df6040046257a03]: S. 114(3)(b) repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 29(7); S.S.I. 2014/160, art. 2(1)(2)

[^key-2376e594a83cf2daa998aef07eef7edb]: Word in s. 114(2)(a)(v) repealed (E.W.) (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 26 para. 13(6)(a), Sch. 28 (with reg. 1(2), Sch. 4)

[^key-2388a7b367f982e084a694822551ff92]: S. 81A inserted (1.5.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 11 para. 4 (with s. 144); S.I. 2022/48, reg. 4(c)

[^key-23b9e4d01d4f15e4c232915b6f0105ae]: Word in s. 5(5)(e) repealed (1.4.2015 for S.) by Pollution Prevention and Control Act 1999 (c. 24), s. 7(3), Sch. 3; S.S.I. 2015/74, art. 2(2)(g)

[^key-23c87c112ddd9f679a7e24351b68a81f]: Sch. 22 para. 90 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

[^key-24030ab8d76dab7a55a5b498e80cd13c]: S. 33(4) repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 14(5)(a); S.S.I. 2014/160, art. 2(1)(2)

[^key-240c4e2f10888d470ce9ffdd22e55367]: Words in s. 108(15) inserted (31.3.2004 for W., 31.3.2004 for E.) by Anti-social Behaviour Act 2003 (c. 38), ss. 55(9), 93; S.I. 2004/690, art. 3(h); S.I. 2004/999, art. 2(m)

[^key-240fb2feb50de8e4a7b13478a9621a2a]: Words in Sch. 7 para. 14(3) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 146; S.I. 2006/2541, art. 2 (with Sch.)

[^key-259c941b35ef5b9b63aea80cacb09a2d]: Words in s. 87(7)(a) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 379 (with Sch. 7)

[^key-25d9aee0be19611eef5d58f5594af559]: Sch. 22 para. 29(9)(a) repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 29(10)(b)(ii); S.S.I. 2014/160, art. 2(1)(2)

[^key-260a5f3416cfcb16ed40d60d75870969]: Words in s. 113(5) inserted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 10(3)

[^key-262aea448543861bbb2390a442fe3110]: Word in s. 87(1)(b) omitted (31.12.2020) by virtue of The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 3(9)(a) (with reg. 8(3)) (as amended by S.I. 2020/1540, regs. 1(3), 12(5)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-26aa80da1196f6882894a6217754465a]: S. 41(1)(n)-(r) inserted (24.1.2022 for specified purposes, 7.3.2022 for W. for specified purposes, 9.11.2022 for S. for specified purposes) by Environment Act 2021 (c. 30), s. 64(2) (with s. 144); S.I. 2022/48, reg. 2(l); S.I. 2022/223, regs. 1(2), 2(c); S.S.I. 2022/305, reg. 2(b)

[^key-26c573106fef06a7dfc11c3e62ab9d1a]: Word in s. 113(1)(b) omitted (1.4.2013) by virtue of The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 384(2)(c) (with Sch. 7)

[^key-27323fe77d63a987dd91a51b3321bad0]: Word in s. 39(2) substituted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 14(9)(b); S.S.I. 2014/160, art. 2(1)(2)

[^key-279a2ae30492282030c607e9494a5c2c]: Words in s. 40(2)(b) inserted (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 3(2)(a)(iii) (with reg. 8(1)(2)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-28292ef92688308931436c37b5f39eb3]: Sch. 22 para. 116 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

[^key-2858501cc5fb2ec1fad0dffaeddbb552]: Words in s. 113(5) omitted (1.4.2013) by virtue of The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 384(4)(a) (with Sch. 7)

[^key-28704d9723b2a39aea6023b8807624c0]: Sch. 18 para. 2(3) omitted (E.W.) (9.1.2022) by virtue of Environment Act 2021 (c. 30), s. 147(2)(h), Sch. 10 para. 6(2)(b) (with s. 144)

[^key-2882025dc3f5d2ccfebe9896d3fd9653]: Word in s. 33(2) substituted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 14(5)(b)(i); S.S.I. 2014/160, art. 2(1)(2)

[^key-28d1ac234719ad36c18e96cf2bf27c2b]: Words in s. 56(1) substituted (1.10.2020) by The Waste (Circular Economy) (Amendment) Regulations 2020 (S.I. 2020/904), regs. 1(1), 4

[^key-290a5e5546592faaf861b3be1ca823ef]: Words in s. 72(2) inserted (E.) (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(l), Sch. 22 para. 11(1)(a)

[^key-29d198aa169016673c53196d90165746]: Words in Sch. 7 para. 4(1) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 146; S.I. 2006/2541, art. 2 (with Sch.)

[^key-29e92d28199a8cbae6c93cd3c83ddfd2]: Words in s. 42(1)(b) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 373(2)(b) (with Sch. 7)

[^key-2a7188079b9ea3ca6072038a1c246a65]: Sch. 22 para. 216 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

[^key-2ac13ae9133d3f836f5e74e727d47fa4]: S. 21(1)(e) repealed (S.) (1.9.2018) by The Environmental Authorisations (Scotland) Regulations 2018 (S.S.I. 2018/219), reg. 1, sch. 7 para. 1 Table (with reg. 78, sch. 5 para. 2)

[^key-2b2127f3ab384c87472c1d96ed0f8e1c]: S. 110(3A)-(3C) inserted (E.W.) (29.3.2018) by The Waste Enforcement (England and Wales) Regulations 2018 (S.I. 2018/369), reg. 1(2), Sch. 2 para. 4(a)

[^key-2b24e6a6beb37a4929dbdd1a2c9142b0]: S. 111(1) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

[^key-2b5353c1e5da74f333b5fe7d260a0316]: Words in s. 56(1) substituted (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 3(5)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

[^key-2bac6c728c7aec18bd273ad3b3150704]: Words in s. 4(3) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 362(3) (with Sch. 7)

[^key-2bd8f2834bdcc97c54d133e89d39f648]: Words in s. 6(5) omitted (E.W.) (14.7.2017) by virtue of Environment (Wales) Act 2016 (anaw 3), s. 88(3)(c), Sch. 2 para. 22(a); S.I. 2017/714, art. 2

[^key-2c18ab54b41cf3b93d732fdfa3869f86]: Sch. 23 para. 6 repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 29(11)(b); S.S.I. 2014/160, art. 2(1)(2)

[^key-2c7bda37944a357199793fb07850ef83]: S. 118(2) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

[^key-2c95cce20578c3ed39a6d0584fb24c57]: Words in s. 56(1) omitted (S.) (1.4.2006) by virtue of The Water Environment (Consequential and Savings Provisions) (Scotland) Order 2006 (S.S.I. 2006/181), sch. Pt. 4 para. 8(3)(b)

[^key-2d1a40eaa83392c224dab369163e963e]: S. 114 applied (S.) (1.4.2006) by The Water Environment (Controlled Activities) (Scotland) Regulations 2005 (S.S.I. 2005/348), regs. 1(2), 49(3) (with regs. 4, 50)

[^key-2d1d6dab6bfebb545d9ee02503305f23]: Word in Sch. 20 para. 4(3)(b) repealed (E.W.) (6.4.2008) by The Environmental Permitting (England and Wales) Regulations 2007 (S.I. 2007/3538), reg. 1(1)(b), Sch. 23 (with reg. 72, Sch. 4)

[^key-2dbe2b54261b48b4b46830b46c339230]: S. 41(10): transfer of functions (10.7.2008) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2008 (S.I. 2008/1776), arts. 1(1), 2, Sch.

[^key-2ddf3f7a0eccfb97fb5ec843db7a72b4]: S. 83A inserted (1.5.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 11 para. 6 (with s. 144); S.I. 2022/48, reg. 4(c)

[^key-2ded405af10ddb0a447dac75f04296bd]: Sch. 14 para. 6(8) excluded (W.) (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (S.I. 2017/567), reg. 1(2), Sch. 8 para. 8(1) (with regs. 1(4), 55(2)(3), 63, 65)

[^key-2e4b8c4798b5ae46b7a8012b322f21cd]: S. 114(2)(a)(iv) omitted (S.) (1.4.2006) by virtue of The Water Environment (Consequential and Savings Provisions) (Scotland) Order 2006 (S.S.I. 2006/181), sch. Pt. 4 para. 8(5)(b)

[^key-2ea0e4833755eb52bf378d1f0ab79c3f]: Words in s. 9(3)(b) omitted (1.4.2013) by virtue of The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 367(4)(b) (with Sch. 7)

[^key-2f48eb07aeca553ba67949c3b223b579]: Words in s. 5(3) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 364(4)(a)(i) (with Sch. 7)

[^key-2f4ca81c0718df65266f4804abd7667d]: Sch. 22 para. 29(23) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

[^key-2f5132028b0d7d0d03b0aa344a96f4a6]: Sch. 18 paras. 2-6 applied (with modifications) (16.12.2005) by The Producer Responsibility Obligations (Packaging Waste) Regulations 2005 (S.I. 2005/3468), regs. 1(1), 35(5)

[^key-2f6949f9d1dbaefee4ab548f57cc4201]: Words in s. 72(2) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 376 (with Sch. 7)

[^key-30c1f305d63e7f2dc1f4a37ed675fedf]: Words in s. 87(2)(l) inserted (1.5.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 11 para. 11(2)(c) (with s. 144); S.I. 2022/48, reg. 4(c)

[^key-30f634cbefa562d14af54b2ec78d0655]: Words in s. 122(4) substituted (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 3(14)(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-30fdea461537a943bca7f243f5f9472b]: Sch. 22 para. 1(7) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

[^key-310b36dad5deea2581ba148b29552c20]: Words in Sch. 22 para. 29(2) substituted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 29(10)(b)(i); S.S.I. 2014/160, art. 2(1)(2)

[^key-310f3c63be5ad0da304560375590a070]: S. 53(1A) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 374(2) (with Sch. 7)

[^key-311c43a7bda5ecfb2b2a814f8df10356]: S. 85(6) applied (9.9.2003) by The Air Quality Limit Values Regulations 2003 (S.I. 2003/2121), regs. 1(1), 14(2)

[^key-312be5357ecf2fa3d498b5d6c633ca1d]: S. 41 applied (with modifications) by SI 2002/1559, Sch. 4 para. 5(15) (as inserted (E.W.) (15.5.2006) by The Waste Management (England and Wales) Regulations 2006 (S.I. 2006/937), regs. 1(2), 9(15))

[^key-3142eba08b0b35616cc3dc27be8a61bc]: Sch. 18 applied (with modifications) (S.) (1.4.2018) by The Control of Mercury (Enforcement) Regulations 2017 (S.I. 2017/1200), regs. 2(2), 27(3) (with reg. 1(2))

[^key-31e67c1282a1986497e2a23e1fb3bd09]: Sch. 22 para. 29(17)-(22) repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 29(10)(b)(ii); S.S.I. 2014/160, art. 2(1)(2)

[^key-3292d33dd28dcbca6be205497bd3b11b]: S. 41(1)(k) inserted (1.1.2018) by The Control of Mercury (Enforcement) Regulations 2017 (S.I. 2017/1200), regs. 2(1), 48 (with reg. 1(2))

[^key-3294f1ed5222f25c95cc569796e7edac]: Words in s. 80(2)(b) inserted (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 3(6)(c); 2020 c. 1, Sch. 5 para. 1(1)

[^key-336620fcf7086a68ddba84e3c0dd2b8e]: Word in s. 41(1)(g) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 372(2)(f) (with Sch. 7)

[^key-3369d3042bbc0cf08dd03a80a008a272]: S. 8(1A) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 366(3) (with Sch. 7)

[^key-340e4c347f2beafbfeeed843f3a18769]: S. 108 applied (27.7.2012) by The Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2012 (S.I. 2012/1715), regs. 1, 6(2) (with reg. 3)

[^key-34b39fd86aedc7cda4c7fa5baba4b272]: Word in s. 10(1)(a) omitted (1.4.2013) by virtue of The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 369(2)(a) (with Sch. 7)

[^key-358514c1ec50fe670a33aa29f2b07bc4]: Sch. 22 para. 30(5) repealed (S.) (26.2.2015) by The Regulatory Reform (Scotland) Act 2014 (Consequential Modifications) Order 2015 (S.I. 2015/374), arts. 1(1), 6(4)

[^key-35c540467ebea7b53d5044a4d53df57a]: Words in Sch. 8 para. 7(3) substituted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(3)(b), Sch. 4 para. 7(2)(a); S.I. 2009/3318, art. 4(ff)

[^key-35d5dff19e05de5a183c017e57cbd7ba]: S. 24 repealed (S.) (1.4.2006) by The Water Environment (Consequential and Savings Provisions) (Scotland) Order 2006 (S.S.I. 2006/181), art. 1, sch. Pt. 1 (with sch. Pt. 3)

[^key-3630308be96682a4739cc2c6e901a49f]: Sch. 22 para. 29(6) repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 29(10)(b)(ii); S.S.I. 2014/160, art. 2(1)(2)

[^key-363c5e3cbf60361d1b85cf6fedd060bc]: Words in s. 41A(6)(a) substituted (1.5.2021) by The Greenhouse Gas Emissions (Kyoto Protocol Registry) Regulations 2021 (S.I. 2021/511), regs. 1, 11(b)

[^key-3641c24e11cc92f4560f8fb9d47f44e3]: Words in s. 9(2) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 367(3) (with Sch. 7)

[^key-368be0a05845b7ab62676cc2ce9a5c96]: Words in Sch. 7 para. 4(2)(a) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 61(6), 107(3)(b); S.I. 2006/2541, art. 2 (with Sch.)

[^key-3690d058a813b398917e8415491f3e05]: Words in s. 56(1) omitted (24.1.2022 for specified purposes, 7.3.2022 for W. for specified purposes, 9.11.2022 for S. for specified purposes) by virtue of Environment Act 2021 (c. 30), s. 64(3)(a)(ii) (with s. 144); S.I. 2022/48, reg. 2(l); S.I. 2022/223, regs. 1(2), 2(c); S.S.I. 2022/305, reg. 2(b)

[^key-372b994375dc96ab551e1b8fde411e2e]: Sch. 8 para. 3(1A) inserted (26.5.2015) by Local Government (Religious etc. Observances) Act 2015 (c. 27), ss. 2(3), 3(2)

[^key-378bd593c85d0179e73c312806e55544]: S. 99 omitted (E.) (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(l), Sch. 22 para. 13

[^key-37b39cf532db30b5dfa3ab77c1c76d48]: Words in s. 72(2) omitted (E.) (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(l), Sch. 22 para. 11(1)(b)

[^key-3816045e5a2d2e6ba4d335dd8dba915b]: S. 36 repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 14(8); S.S.I. 2014/160, art. 2(1)(2)

[^key-381b881219e45edba4285b6d82550b81]: S. 108(4) modified (S.) (28.2.2023) by The Packaging Waste (Data Reporting) (Scotland) Regulations 2023 (S.S.I. 2023/7), regs. 1, 26(3)

[^key-38bf46af9f300c03cbc2a3bc03c0dbd5]: S. 109 applied (with modifications) (1.4.2018) by The Control of Mercury (Enforcement) Regulations 2017 (S.I. 2017/1200), regs. 2(2), 9(4)(5) (with reg. 1(2))

[^key-39d8bada44b1cce2795930be71888101]: Words in s. 108(15) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 382(3)(b)(i) (with Sch. 7)

[^key-39dad33370a2d172a652616e5a3c36fd]: S. 6(7)(b)(i) omitted (E.W.) (27.3.2009) by virtue of The Aquatic Animal Health (England and Wales) Regulations 2009 (S.I. 2009/463), reg. 1(2), Sch. 2 para. 9(b) (with reg. 2(2)) and s. 6(7)(b)(i) omitted (S.) (27.3.2009) by virtue of The Aquatic Animal Health (Scotland) Regulations 2009 (S.S.I. 2009/85), reg. 1(2)(c), sch. 2 para. 9(b) (with reg. 2.)

[^key-39e0fce263dfc51858e924c5ae6d39b5]: Sch. 22 para. 29(3) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

[^key-3a35c0ac3047be5bd226e867a499c935]: S. 41(1)(d) substituted (24.1.2022) by Environment Act 2021 (c. 30), ss. 62(10)(a), 147(3) (with s. 144); S.I. 2022/48, reg. 2(k)

[^key-3a7d94a1a9c18c42896d3bc281800e94]: Sch. 14 para. 3A inserted (6.8.2004 for specified purposes) by Planning and Compulsory Purchase Act 2004 (c. 5), Sch. 7 para. 19(4) (with s. 111); S.I. 2004/2097, art. 2

[^key-3a84dfcb7dc42c38c60b556f22b03105]: S. 110(5D)-(5H) inserted (E.W.) (29.3.2018) by The Waste Enforcement (England and Wales) Regulations 2018 (S.I. 2018/369), reg. 1(2), Sch. 2 para. 4(b)

[^key-3b26a28792dbb576e2502ae21121c80d]: Sch. 22 paras. 200-223 repealed (E.W.) (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 28 (with reg. 1(2), Sch. 4)

[^key-3b495bcee5f6fdaf022dcce24d07b16a]: S. 40 modified (E.W.) (10.4.2017) by The Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 (S.I. 2017/407), regs. 1(a), 36(1) (with reg. 1(c))

[^key-3b717bda7159759871e18f6253ddddae]: Words in s. 42(5) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 373(6)(b) (with Sch. 7)

[^key-3bafb6c0c46c6cb15554dd24c594b5b1]: S. 53(1)(b) functions cease to be exercisable (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 9(1) (with art. 24)

[^key-3bd7b6e172fadacad20729f497565a3c]: Sch. 14 para. 9(1) modified (W.) (1.3.2016) by The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016 (S.I. 2016/58), reg. 1(2), Sch. 7 para. 8(6)(a) (with reg. 52(2)(3), 59)

[^key-3c1fa0fae295883308d8f676aaedcced]: Sch. 22 para. 146 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

[^key-3c327f9984d30632bc014ce1b055507f]: Words in s. 10(4) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 369(5)(b) (with Sch. 7)

[^key-3c64bb790d6e11bfdb22b00926432d80]: S. 108(6)-(7E) applied (with modifications) (S.) (28.2.2023) by The Packaging Waste (Data Reporting) (Scotland) Regulations 2023 (S.S.I. 2023/7), regs. 1, 26(4)

[^key-3c7d56f0e028a692a90e8eb02a149cb0]: Words in s. 53(2)(b) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 374(3)(b) (with Sch. 7)

[^key-3c839b595dd848373b5e8c41d1277d5d]: Words in s. 108(15) inserted (E.W.) (1.7.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 2 para. 3(4) (with s. 97)

[^key-3d1fc4a6ea6e83022e9eb1bdcb5c42ad]: Sch. 22 para. 96(8) repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 29(10)(d); S.S.I. 2014/160, art. 2(1)(2)

[^key-3d662eb8125f8a746fafd432cf65bc6c]: Words in s. 42(3) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 373(4)(b) (with Sch. 7)

[^key-3e03881a1fbe1325c70e508da3e8c61b]: Words in s. 6(3) inserted (1.1.2018) by Water Act 2003 (c. 37), ss. 73, 105(3); S.I. 2017/1043, art. 2(e)

[^key-3ea08cc6f1235b9e8e4fa70b07f6f72d]: Word in s. 8(3) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 366(5)(b) (with Sch. 7)

[^key-3f5eaf5d2f563e1462c4eeda82ac5e6f]: Words in s. 42(5) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 373(6)(d) (with Sch. 7)

[^key-3f87d005194a1ff2b853c8d62591824f]: Words in s. 56(1) inserted (E.W.) (29.3.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments etc.) Regulations 2019 (S.I. 2019/526), regs. 1(2), 2

[^key-3faf4df3db537d05a47414e88527089e]: S. 43(2) added (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 43(7)(b); S.S.I. 2014/160, art. 2(1)(2)

[^key-40671f93bc46b966f50d5261e1022b0e]: Words in s. 41A(6)(a) substituted (31.1.2014) by The Greenhouse Gas Emissions Trading Scheme and National Emissions Inventory (Amendment) Regulations 2013 (S.I. 2013/3135), regs. 1, 13(2)

[^key-40aea838ff902a3f205ec4b934589094]: Sch. 22 para. 143 repealed (E.W.) (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 28 (with reg. 1(2), Sch. 4)

[^key-40eae5f651f0f02c206346cc8a56a74e]: Sch. 22 para. 228 repealed (S.) (1.9.2018) by The Environmental Authorisations (Scotland) Regulations 2018 (S.S.I. 2018/219), reg. 1, sch. 7 para. 1 (with reg. 78, sch. 5 para. 2)

[^key-40ef6cf077fb9a4a991fd7212c0aa53a]: Sch. 22 paras. 45-61 repealed (1.4.2015 for S.) by Pollution Prevention and Control Act 1999 (c. 24), s. 7(3), Sch. 3; S.S.I. 2015/139, art. 3(e)

[^key-412a35b009a6afdc66fc7d11373dad6a]: Words in s. 8(1)(b) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 366(2)(b) (with Sch. 7)

[^key-413ff04d0ef7e2259260265baf53dbc7]: Sch. 14 para. 3 cross-heading substituted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), s. 35(1), Sch. 3 para. 6(4) (with s. 10); S.I. 2013/1488, art. 3(d)

[^key-41ce340280e703fee438ba54e8684a6a]: Word in Sch. 7 para. 2(4) substituted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(3)(f), Sch. 2 para. 7

[^key-41fddf85764ff5d5d692f691eb580407]: Words in s. 56(1) omitted (S.) (1.4.2006) by virtue of The Water Environment (Consequential and Savings Provisions) (Scotland) Order 2006 (S.S.I. 2006/181), sch. Pt. 4 para. 8(3)(a)

[^key-426b695290ac0b96e668eb84895ae829]: Sch. 18 applied (with modifications) (2.8.2004) by The Justification of Practices Involving Ionising Radiation Regulations 2004 (S.I. 2004/1769), reg. 1, Sch. 1 para. 3 (with reg. 2)

[^key-42762c645825ac1d2b0727d138dde8a9]: Word in Sch. 4 para. 1(1)(a) repealed (1.4.2004) by Water Act 2003 (c. 37), ss. 68(2)(a), 105(3), Sch. 9 Pt. 3; S.I. 2004/641, art. 3(q)(z)

[^key-42e41a98d59c15977f69e30202ed0610]: S. 10(1)(aa) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 369(2)(b) (with Sch. 7)

[^key-43ec1f379a810fb9fba60cf66fdbbf90]: S. 12 repealed (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), arts. 1(2), 9(2) (with Sch. 7)

[^key-446f3a919cad92f35bf3815bfbb4860c]: S. 120(1)(3) in force at 1.1.2005 for specified purposes for S. by S.S.I. 2004/541, art. 2

[^key-457fe583410fd869be83d52144e0a5b8]: S. 27 applied (with modifications) (S.) (26.11.2009) by Flood Risk Management (Scotland) Act 2009 (asp 6), ss. 78, 97(1) (with s. 91); S.S.I. 2009/393, art. 2, sch.

[^key-458f3856f24a016e81e024a9760759f5]: Words in s. 87(1)(b)(ii) inserted (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 3(9)(c) (with reg. 8(3)) (as amended by S.I. 2020/1540, regs. 1(3), 12(5)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-45a2c7b863d337f46536fe2e9ef35441]: Word in Sch. 4 para. 1(5)(b) repealed (1.4.2004) by Water Act 2003 (c. 37), ss. 68(4), 105(3), Sch. 9 Pt. 3; S.I. 2004/641, art. 3(q)(z)

[^key-45b9d3df870a4065c25b128359913b77]: Sch. 14 para. 9(2) modified (E.) (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (S.I. 2017/571), regs. 1(1), 55(5)(b) (with regs. 47, 70)

[^key-45ce6bba1e0ff4212ac17b9bde7a057a]: Words in s. 42(7) inserted (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 20(3) (with art. 24)

[^key-45ead9146e003bfe685c8333dfb786bb]: S. 108 cross-heading substituted (E.W.) (29.3.2018) by The Waste Enforcement (England and Wales) Regulations 2018 (S.I. 2018/369), reg. 1(2), Sch. 2 para. 2

[^key-46123f3e7de94753be8d7477a36703b5]: S. 6(9) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 365(10) (with Sch. 7)

[^key-4625a073e4c908503934c42ad0db74f5]: Words in s. 113(5) inserted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 43(11); S.S.I. 2014/160, art. 2(1)(2)

[^key-4664089160db27efc88a0e43eb0c2ed5]: Words in s. 108(4)(k)(i) inserted (E.W.) (6.4.2016) by The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2016 (S.I. 2016/475), reg. 1(2), Sch. 3 para. 3(3)(b)(iii) (with regs. 31-33)

[^key-477e9fe2af15c1f1b0a8704a632d9b46]: S. 41(1)(g) inserted (5.5.2009) by The Waste Batteries and Accumulators Regulations 2009 (S.I. 2009/890), reg. 1(2), Sch. 8 para. 1(2)

[^key-479042c09b2bc61a49d57d649cb75a4a]: Words in s. 41(6) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 372(3) (with Sch. 7)

[^key-479054ee4ed50dc0ac943b9a1611f0f6]: S. 6(4) substituted (E.W.) (1.4.2011) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 2 para. 52 (with s. 49(1)(6)); S.I. 2011/694, art. 3(i)

[^key-47a3e8453d66ca1ec712768ba306b403]: Word in s. 114(2)(a)(iii) inserted (24.1.2022 for E., 7.3.2022 for W.) by Environment Act 2021 (c. 30), s. 60(6) (with s. 144); S.I. 2022/48, reg. 2(j); S.I. 2022/223, regs. 1(2), 2(b)

[^key-48103e8290b51ba3fc616b315a4f3705]: S. 114(2)(a)(vi) repealed: (E.W.) (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 26 para. 13(6)(b), Sch. 28 (with reg. 1(2), Sch. 4); (S.) (1.9.2018) by The Environmental Authorisations (Scotland) Regulations 2018 (S.S.I. 2018/219), reg. 1, sch. 7 para. 1 (with reg. 78, sch. 5 para. 2)

[^key-486e58d4e40adc0e433ea46ba08f7be9]: Words in s. 81(2)(b) substituted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 14(11)(c); S.S.I. 2014/160, art. 2(1)(2)

[^key-487efab499743638211d97e23c0acf40]: Sch. 8 para. 1(2)(b) omitted (13.7.2016) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 14 para. 24(2); S.I. 2016/733, reg. 3(h) (with reg. 6)

[^key-492270c78b0aec67a20edafc54c484e1]: Sch. 14 para. 2(5)-(7) added (E.) (31.3.2003) by Town and Country Planning (Electronic Communications) (England) Order 2003 (S.I. 2003/956), arts. 1(1), 10(3)(a) and added (W.) (1.1.2005) by The Town and Country Planning (Electronic Communications) (Wales) (No. 1) Order 2004 (S.I. 2004/3156), art. 10(3)(a) (with art. 14)

[^key-49591dedae97cd6a3557b8e196b7fb3d]: S. 122(3) substituted (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 3(14)(a) (as amended by S.I. 2020/1540, regs. 1(3), 12(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-497b1fea617fa8e78917d53532bab0ad]: Words in s. 36(2) substituted (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), s. 59(2), Sch. 7 para. 10(2)(b) (with s. 55(2)); S.S.I. 2004/495, art. 2

[^key-4a1217a8ad57dd2bb8ea23d5c968e43d]: Sch. 13 para. 11(1) modified (E.) (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (S.I. 2017/571), regs. 1(1), 55(5)(a) (with regs. 47, 70)

[^key-4a4ff43588ae5b7ffb777aa078e72f04]: Sch. 15 para. 15 repealed (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 22 Pt. 5(B); S.I. 2009/3345, art. 2, Sch. para. 27(b)

[^key-4a76d9cfbaef1fb009be89ad72d82e8b]: S. 40(2)(a) substituted (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 3(2)(a)(ii) (with reg. 8(1)(2)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-4abdf71dd9311517da4eaa0177f4f2c2]: Words in s. 65(5) inserted (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 5 para. 14(2)

[^key-4b090a1cd6e8dc991aac8d69b18d9ab4]: Sch. 13 para. 11(1) modified (W.) (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (S.I. 2017/567), reg. 1(2), Sch. 8 para. 8(6)(a) (with regs. 1(4), 55(2)(3), 63, 65)

[^key-4b9d1126c7d1e0ba5c4425d0fffd6b52]: S. 32 repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 14(4); S.S.I. 2014/160, art. 2(1)(2)

[^key-4c37f43def50459bcc4ce12ac23db4e5]: S. 44 functions cease to be exercisable (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 6 (with art. 24)

[^key-4ccb312f65ae885190bf4829cb154e22]: Sch. 22 para. 186 repealed (E.W.) (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 28 (with reg. 1(2), Sch. 4)

[^key-4cf3ab2970bf16c8732fbab633ad5e7b]: Sch. 22 para. 29(32) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

[^key-4d5202c6f4aa89c1fd35d56aa92f23c2]: Words in s. 108(15) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 382(3)(a) (with Sch. 7)

[^key-4de9d682809575e100a0e009386fe23b]: Sch. 22 para. 29(8) repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 29(10)(b)(ii); S.S.I. 2014/160, art. 2(1)(2)

[^key-4e59ff0074cc6c954ea1882f2f6d2ac6]: Words in s. 4(2) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 362(2)(a) (with Sch. 7)

[^key-4e8e755e0b0da67802bd374c5d3b6b7d]: Sch. 22 para. 207 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

[^key-4effd3229e326aab11839d4dd3d15f28]: Words in s. 87(2)(m) inserted (1.5.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 11 para. 11(2)(d)(i) (with s. 144); S.I. 2022/48, reg. 4(c)

[^key-4f39c9251a25f98a4c4cf4c2e70a7cb3]: Sch. 22 para. 29(30) repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 29(10)(b)(ii); S.S.I. 2014/160, art. 2(1)(2)

[^key-4f8ce3768d837dae7a1c52fc5cacedd8]: Sch. 14 para. 6(8) excluded (E.) (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (S.I. 2017/571), regs. 1(1), 55(1)(a) (with regs. 47, 70)

[^key-50043366e2fa256496f2a15b474c6041]: S. 67(2)-(4) repealed (6.8.2004 for specified purposes, 28.9.2004 for E. so far as not already in force, 15.10.2005 for W. so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), Sch. 7 para. 19(2), Sch. 9 (with s. 111); S.I. 2004/2097, art. 2; S.I. 2004/2202, art. 2(i)(k), Sch. 1 Pt. 1; S.I. 2005/2847, art. 2(f)

[^key-50f8a27957c9ffea40d8ead052ae361f]: S. 114(2)(a)(vii) repealed (E.W.) (6.4.2008) by The Environmental Permitting (England and Wales) Regulations 2007 (S.I. 2007/3538), reg. 1(1)(b), Sch. 23 (with reg. 72, Sch. 4); (S.) (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 22 para. 5(5)(a) (with sch. 23)

[^key-515c1b33f9bfcce93f0f326972a87f2f]: Words in s. 5(3)(b) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 364(4)(c)(i) (with Sch. 7)

[^key-51953c73e9fa0e115b5391dcec3fa4af]: Words in Sch. 13 para. 9(2)(d) substituted (E.) (31.3.2003) by Town and Country Planning (Electronic Communications) (England) Order 2003 (S.I. 2003/956), arts. 1(1), 10(2)(b) and substituted (W.) (1.1.2005) by The Town and Country Planning (Electronic Communications) (Wales) (No. 1) Order 2004 (S.I. 2004/3156), art. 10(2)(b) (with art. 14)

[^key-51bd8acbbd08d03231738499dcce74e9]: Sch. 14 para. 6(8) excluded (W.) (8.1.2010) by The Town and Country Planning (Environmental Impact Assessment) (Undetermined Reviews of Old Mineral Permissions) (Wales) Regulations 2009 (S.I. 2009/3342), regs. 1(2), 42

[^key-52ab4c044c3c860537eb535e5a0f3ae4]: Sch. 24 in force at 1.1.2005 for specified purposes for E.W. by S.I. 2006/934, art. 2(b)

[^key-52bf7b5a82bb5da969368e00bc9ffcb6]: Word in s. 114(2)(a)(v) inserted (E.W.) (1.4.2006) by Water Act 2003 (c. 37), ss. 13(4), 105(3); S.I. 2006/984, art. 2(h) (with Sch. para. 7)

[^key-52c251d972de0c3c8d4e1be3c17bd82c]: Sch. 21 para. 2(4) in force at 1.1.2018 in so far as not already in force by S.I. 2017/1045, art. 2(b)

[^key-52ec15a49db38597dd33d0b44a87498c]: Words in s. 111(3) substituted (3.12.2012) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging Schemes) Regulations 2012 (S.I. 2012/2788), regs. 1, 8(3)(a)

[^key-536651224d5a287f48af33c0a9172bfc]: S. 34(1) repealed (S.) (1.4.2006) by The Water Environment (Consequential and Savings Provisions) (Scotland) Order 2006 (S.S.I. 2006/181), art. 1, sch. Pt. 1 (with sch. Pt. 3)

[^key-53cb7f5cd68ce461f4eeaa1a757a3f85]: Words in s. 56(1) inserted (18.7.2013) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 30 (with art. 24)

[^key-5483a43f483ba33d0ee5ce28fa17f422]: S. 120(3) in force at 1.4.2015 for specified purposes for S. by S.S.I. 2015/73, art. 2(2)

[^key-549d2bb067ddc89ebbd92ee5abf30dfd]: Sch. 17 para. 2(c) repealed (S.) (1.10.2009) by Public Health etc. (Scotland) Act 2008 (asp 5), s. 128(2), sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), sch. 1

[^key-54db9f3fb0675693eb4a72d7d6aeee21]: Sch. 22 para. 19(4) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

[^key-54eddc2f20984e00b36da43194f883bb]: S. 6(3A) inserted (1.4.2006) by Water Act 2003 (c. 37), s. 105(3), Sch. 7 para. 15(2); S.I. 2006/984, art. 2(s)(i)

[^key-550e22a92b54bb221915324d2b6ac2f2]: Words in s. 46(2)(a) substituted (6.4.2008) by virtue of The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 1(ss) (with arts. 6, 11, 12)

[^key-555a46784338cecd6a745200a11aef3e]: Words in s. 108(15) substituted (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 3(12)(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-55ab72f405d8ae23570e72e52ae7ecbb]: Sch. 13 para. 11(2) modified (E.) (24.8.2011) by The Town and Country Planning (Environmental Impact Assessment) Regulations 2011 (S.I. 2011/1824), regs. 1(1), 50(5)(b)

[^key-55b36466e0b931ac3113693843e8ae02]: Words in s. 5(3)(b) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 364(4)(c)(ii) (with Sch. 7)

[^key-55c62055205fde6129570a35ad8b92d4]: Sch. 7 para. 10 repealed (22.5.2012) by Local Government Act 2000 (c. 22), s. 108(3)(b)(c), Sch. 6; S.I. 2012/1358, art. 2(b)(iv)

[^key-56358267eb65bbf6c6ea327981a011e2]: S. 42: transfer of functions (10.7.2008) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2008 (S.I. 2008/1776), arts. 1(1), 2, Sch.

[^key-565910036b732f337b726cd3168124dc]: Words in Sch. 7 para. 17(5) inserted (31.3.2015) by Local Government Byelaws (Wales) Act 2012 (anaw 2), s. 22(2), Sch. 2 para. 16(3); S.I. 2015/1025, art. 2(r) (with art. 3)

[^key-5722f682a585e46dcfab55e3d24a3d37]: Sch. 8 para. 13 repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 239(4), 245(5), Sch. 18 Pt. 19; S.I. 2008/917, art. 2(1)(u) (with art. 6(6))

[^key-573cb061e767833a18c41d2bf04d757c]: Sch. 22 para. 84 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

[^key-5785ff6ad090eec6d6fd8242efd9957c]: Sch. 7 para. 5(2) modified (W.) (22.4.2020) by The Local Authorities (Coronavirus) (Meetings) (Wales) Regulations 2020 (S.I. 2020/442), regs. 1(3), 12

[^key-5809bd3cc522fa9c37d42f47b1a210c8]: Words in Sch. 9 para. 1(2)(c) inserted (5.11.2013) by Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 8(2) (with Sch. 5 para. 7) (this amendment is to be treated as not having effect until 1.10.2014 by virtue of S.I. 2014/11, art. 3(2))

[^key-581cb87e311fbd7e409f7ce3cc87a3d7]: Sch. 8 para. 2(3)(c) and preceding word omitted (13.7.2016) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 14 para. 24(3)(b); S.I. 2016/733, reg. 3(h) (with reg. 6)

[^key-5869f31e3f11a79d84e4862dd24a87fa]: Words in s. 41(8) substituted (2.7.2012) by The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 3 para. 13 (with arts. 4-6)

[^key-58a11370b67165b17de0c8b43302a458]: Words in s. 5(5) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 364(5) (with Sch. 7)

[^key-591c0c829e06993103436080550ef276]: Words in s. 42(6) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 373(7)(a) (with Sch. 7)

[^key-593f7c48d78dce555ac2579171d08c62]: Ss. 65A-65D inserted (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by Cities and Local Government Devolution Act 2016 (c. 1), ss. 22, 25(2)

[^key-59d642d6dc1543c35f91f2e99c162886]: Words in s. 40(4) omitted (31.12.2020) by virtue of The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 3(2)(b)(i) (with reg. 8(1)(2)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-5a08d9ce7a707005eb0b02bbe9eb3f30]: Sch. 22 para. 29(24) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

[^key-5a5e03d674ad3cbc0282a7c8511f5a59]: S. 13 repealed (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), arts. 1(2), 9(2) (with Sch. 7)

[^key-5a69cd876fa28854e0d9f25dfe23b1a7]: Sch. 13 para. 9(9) excluded (E.) (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (S.I. 2017/571), regs. 1(1), 55(1)(a) (with regs. 47, 70)

[^key-5a99bdae228742da3ffe7c43c4c9acb0]: Words in s. 91(1) inserted (1.5.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 11 para. 13(b) (with s. 144); S.I. 2022/48, reg. 4(c)

[^key-5aa898aa5bcafe4bf19af6fb9eff9d58]: Sch. 22 para. 29(10)-(15) repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 29(10)(b)(ii); S.S.I. 2014/160, art. 2(1)(2)

[^key-5afbbd9ad58020431e0acf0006d07021]: Words in s. 9(3)(d) omitted (1.4.2013) by virtue of The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 367(4)(c) (with Sch. 7)

[^key-5b30436bab15466ed96980c52fb387d2]: S. 85(7) applied (9.9.2003) by The Air Quality Limit Values Regulations 2003 (S.I. 2003/2121), regs. 1(1), 14(2)

[^key-5bdd8fb45448f879f5e7e8484e1b26c9]: S. 21(1)(a)(iii) repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 29(2)(a)(i); S.S.I. 2014/160, art. 2(1)(2)

[^key-5c80079a40e14f18bde5c2d8e01c95bf]: S. 83 functions made exercisable concurrently (E.W.) (1.4.2011) by The Greater Manchester Combined Authority Order 2011 (S.I. 2011/908), arts. 1, 10, Sch. 3 para. 4

[^key-5cf5d999f4309982154e4870abfccf5a]: Sch. 15 para. 23 omitted (E.W.) (27.3.2009) by virtue of The Aquatic Animal Health (England and Wales) Regulations 2009 (S.I. 2009/463), reg. 1(2), Sch. 2 para. 9(c)(ii) (with reg. 2(2)) and Sch. 15 para. 23 omitted (S.) (27.3.2009) by virtue of The Aquatic Animal Health (Scotland) Regulations 2009 (S.S.I. 2009/85), reg. 1(2)(c), sch. 2 para. 9(c)(ii) (with reg. 2.)

[^key-5d0df443ca0ad0a6796337538119a1c8]: Words in s. 86(2)(b) omitted (E.W.) (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(q), Sch. 13 para. 8(2)(a)

[^key-5d24cb08aa966aed5ddd4e984311cb43]: Words in s. 114(2)(a)(iii) repealed (E.W.) (6.4.2008) by The Environmental Permitting (England and Wales) Regulations 2007 (S.I. 2007/3538), reg. 1(1)(b), Sch. 23 (with reg. 72, Sch. 4)

[^key-5d9f2cf222f0b87591a702467b266be8]: Words in s. 2(1)(a)(v) omitted (E.W.) (27.3.2009) by virtue of The Aquatic Animal Health (England and Wales) Regulations 2009 (S.I. 2009/463), reg. 1(2), Sch. 2 para. 9(a) (with reg. 2(2)) and words in s. 2(1)(a)(v) omitted (S.) (27.3.2009) by virtue of The Aquatic Animal Health (Scotland) Regulations 2009 (S.S.I. 2009/85), reg. 1(2)(c), sch. 2 para. 9(a) (with reg. 2.)

[^key-5ded4ccab3a533012f92af000f5483fc]: S. 108(7A)-(7F) inserted (E.W.) (9.1.2022) by Environment Act 2021 (c. 30), s. 147(2)(h), Sch. 10 para. 5(4) (with s. 144)

[^key-5e473759ae032f12cfb30ecfcbe30e0c]: S. 41(1)(f) inserted (S.) (31.10.2009) by Climate Change (Scotland) Act 2009 (asp 12), s. 100(2), sch. 2 para. 2 (with s. 95); S.S.I. 2009/341, art. 2(2)(c)

[^key-5e47f35226def6964f5d83aae02ec37f]: S. 73 repealed (27.11.2003 for W. for the purpose of and in relation to financial years beginning on or after 1st April 2004, 1.4.2004 for E.) by Local Government Act 2003 (c. 26), s. 128(6), Sch. 8 Pt. 1; S.I. 2003/2938, art. 7(e)(vi) (with art. 8 Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I

[^key-5e7aa138b7679d17ca3c087c23e28f38]: Words in s. 108(15) inserted (E.W.) (31.3.2004 for W., 31.3.2004 for E.) by Anti-social Behaviour Act 2003 (c. 38), ss. 55(7), 93; S.I. 2004/690, art. 3(h); S.I. 2004/999, art. 2(m)

[^key-5eef166bbbe11e68daefed7a3e958e7a]: Sch. 22 para. 183 repealed (E.W.) (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 28 (with reg. 1(2), Sch. 4)

[^key-5f4a9e4717fc6efb9c77577e3879c1a7]: Sch. 22 para. 218 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

[^key-600296caceeeab8ee3554b2756b67d87]: Sch. 13 para. 9(9) restricted (W.) (1.3.2016) by The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016 (S.I. 2016/58), reg. 1(2), Sch. 7 para. 8(1) (with reg. 52(2)(3), 59)

[^key-6010e7fff95b6ca9e02e4aac15cabba5]: Words in s. 6(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 365(2) (with Sch. 7)

[^key-631899759bd1702b97b2259dd4dc7e54]: Words in s. 42(4)(a) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 373(5)(b)(ii) (with Sch. 7)

[^key-631997a8e0af4f8d5dbd02f0ff6e7343]: Words in s. 56(1) repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 29(4); S.S.I. 2014/160, art. 2(1)(2)

[^key-6382905af6ea66a10aecc987275d259f]: Words in s. 6(2)(b) inserted (E.W.) (1.4.2004) by Water Act 2003 (c. 37), ss. 72, 105(3); S.I. 2004/641, art. 3(s) (with Sch. 3 para. 7)

[^key-63d18b2448108ff390f817c09325724a]: Words in s. 10(4) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 369(5)(a) (with Sch. 7)

[^key-64149a730135806e141208d5f9e97584]: Sch. 22 para. 168 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

[^key-64f42074da377eb621cf2f585885f4b4]: S. 46(3A)(3B) inserted (23.5.2003) by Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2003 (S.I. 2003/1326), arts. 1, 19(3)

[^key-653a5efcda8c2241c083a5e7fd30741a]: Sch. 22 paras. 136-138 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

[^key-65907c4ef8828f012fd0fab0204ca9d2]: Words in s. 10(1)(b) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 369(2)(c) (with Sch. 7)

[^key-65cfa8d047ae715cace186c30ee469a0]: Ss. 41A(1)-(1C) substituted for s. 41A(1) (3.12.2012) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging Schemes) Regulations 2012 (S.I. 2012/2788), regs. 1, 5(3)

[^key-65d401f6b08c5a379fead6d7bfed3727]: Words in s. 6(5)(a) substituted (14.7.2014) by Water Act 2014 (c. 21), s. 94(2)(r), Sch. 10 para. 16

[^key-66482efaa1b00d77d939eccf10d76f23]: S. 41(2)(g) added (S.) (11.4.2003) by The Landfill (Scotland) Regulations 2003 (S.S.I. 2003/235), reg. 21, Sch. 6 para. 1 (with regs. 4, 6)

[^key-66524d2561e163b056bde70cc6e82329]: Sch. 10 para. 31(2) repealed (27.11.2003 for W. for the purpose of and in relation to financial years beginning on or after 1st April 2004, 1.4.2004 for E.) by Local Government Act 2003 (c. 26), s. 128(6), Sch. 8 Pt. 1; S.I. 2003/2938, art. 7(e)(vi) (with art. 8 Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I

[^key-66ba7d729715c41f786f978e9715132b]: Words in s. 91(1) substituted (1.5.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 11 para. 13(a) (with s. 144); S.I. 2022/48, reg. 4(c)

[^key-66c4098f32d92873a2f58a74b44875c2]: Words in s. 87(3) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 379 (with Sch. 7)

[^key-66e759ce0e021f67356a6f823e41475c]: S. 108(6)(7) applied (with modifications) (16.12.2005) by The Producer Responsibility Obligations (Packaging Waste) Regulations 2005 (S.I. 2005/3468), regs. 1(1), 35(3)

[^key-674a593fcd37f5fbb574318f6f84dcb9]: Sch. 22 paras. 174-176 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

[^key-678395888ec79b279e6ba4e748e8906d]: Sch. 7 para. 1(2)(3) substituted for Sch. 7 para. 1(2)-(6) (10.5.2007) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 61(2), 107(3)(b); S.I. 2007/816, art. 3

[^key-679dd26e550e53681ba22eced4591d9c]: S. 33(1) repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 14(5)(a); S.S.I. 2014/160, art. 2(1)(2)

[^key-67c47705e838afb52b7570c054488f20]: S. 108(12)(13) applied (16.3.2007) by The Producer Responsibility Obligations (Packaging Waste) Regulations 2007 (S.I. 2007/871), regs. 1(1), 35(4)

[^key-67d2c938209572ccdc4794b63101a751]: Sch. 22 para. 82 repealed (E.W.) (6.4.2008) by The Environmental Permitting (England and Wales) Regulations 2007 (S.I. 2007/3538), reg. 1(1)(b), Sch. 23 (with reg. 72, Sch. 4)

[^key-67d69a4797037c20631ad651f868537d]: Sch. 22 para. 37(7) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

[^key-67f554faace61c68788723e3ec968cf2]: Words in Sch. 14 para. 6(2)(d) substituted (E.) (31.3.2003) by Town and Country Planning (Electronic Communications) (England) Order 2003 (S.I. 2003/956), arts. 1(1), 10(3)(b) and substituted (W.) (1.1.2005) by The Town and Country Planning (Electronic Communications) (Wales) (No. 1) Order 2004 (S.I. 2004/3156), art. 10(3)(b) (with art. 14)

[^key-68047fb534306b5d67d685aa36fc72a5]: Words in s. 8(4) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 366(6) (with Sch. 7)

[^key-6818f0feda749a100bf86fa45ca77349]: Words in s. 86(8)(b) inserted (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 3(8)(c) (with reg. 8(1)(2)) (as amended by S.I. 2020/1540, regs. 1(3), 12(5)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-68c5137235201a846e1fcfbc077b6816]: S. 123 applied (S.) (1.5.2004) by Organic Aid (Scotland) Regulations 2004 (S.S.I. 2004/143), regs. 1(1), 24 (with reg. 3)

[^key-68d8443c966c3166e742d772b78fbb10]: Sch. 22 para. 215 repealed (S.) (1.9.2018) by The Environmental Authorisations (Scotland) Regulations 2018 (S.S.I. 2018/219), reg. 1, sch. 7 para. 1 (with reg. 78, sch. 5 para. 2)

[^key-69211016a11ca194e432d4754782147d]: Sch. 22 para. 229 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

[^key-696dd73230c2290d6c6c2d9502031b70]: S. 122(6) inserted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 43(12); S.S.I. 2014/160, art. 2(1)(2)

[^key-69748703ab5b1a762ddf74ddf88ea3e4]: S. 6(2A) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 365(4) (with Sch. 7)

[^key-69807589917c39cc17f2e8e6391dbad8]: S. 23 repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 29(3); S.S.I. 2014/160, art. 2(1)(2)

[^key-69bac1455177614e8a3101229f4109ef]: Sch. 22 paras. 152-156 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

[^key-69c47c2d485c0bf0dc79e10f9a91e4b3]: Words in Sch. 14 para. 3A substituted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), s. 35(1), Sch. 3 para. 7 (with s. 10); S.I. 2013/1488, art. 3(d)

[^key-6b09f2686489c03476acc6de9b3a0622]: Words in Sch. 14 para. 1 inserted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), s. 35(1), Sch. 3 para. 3 (with s. 10); S.I. 2013/1488, art. 3(d)

[^key-6b1b1141ee632d635010622e28595333]: Words in s. 56(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 375(3) (with Sch. 7)

[^key-6b28a05a854f0a93c351fdd43bbda332]: S. 87(10) added (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 43(9); S.S.I. 2014/160, art. 2(1)(2)

[^key-6b30ca0ef47f28d754db1d43f8d813a9]: Sch. 5 repealed (E.W.) (1.4.2011) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 2 para. 53 (with s. 49(1)(6)); S.I. 2011/694, art. 3(i) (with art. 5(2))

[^key-6b922983fbbf6ed7daaa8effd3d24a37]: Words in Sch. 14 para. 2(1) substituted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), s. 35(1), Sch. 3 para. 4 (with s. 10); S.I. 2013/1488, art. 3(d)

[^key-6bc4fc09a27b2c7f7b479acf52c66be7]: Words in s. 41(10) omitted (3.12.2012) by virtue of The Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging Schemes) Regulations 2012 (S.I. 2012/2788), regs. 1, 4(b)

[^key-6c833fbe251afd469d3350af8a0d32fe]: Sch. 23 para. 18 repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 29(11)(d); S.S.I. 2014/160, art. 2(1)(2)

[^key-6d9e459a6bdf4413f86ccc04bdc699ff]: Words in s. 21(1)(a)(ii) repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 29(2)(a)(ii); S.S.I. 2014/160, art. 2(1)(2)

[^key-6ebb383c743972303bdbae8678b7446e]: Sch. 22 para. 181 repealed (1.4.2006) by Water Act 2003 (c. 37), s. 105(3), Sch. 7 para. 15(3), Sch. 9 Pt. 3; S.I. 2006/984, art. 2(s)(i)

[^key-6eccfb52f8bf5e045522f9b23d41a237]: S. 42 applied (with modifications) by SI 2002/1559, Sch. 4 para. 5(15) (as inserted (E.W.) (15.5.2006) by The Waste Management (England and Wales) Regulations 2006 (S.I. 2006/937), regs. 1(2), 9(15))

[^key-6f2846e83402910adde52ece53adace6]: Sch. 14 para. 4(A1) inserted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), s. 35(1), Sch. 3 para. 8(2) (with s. 10); S.I. 2013/1488, art. 3(d)

[^key-6f6a8dc178d9337ffab3578ec9a8d0c7]: Words in s. 114(2)(a)(viii) inserted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 10(4)

[^key-6fce87e92965e458e24280f0bb4f5b61]: Sch. 6 para. 15(3) added (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 43(13); S.S.I. 2014/160, art. 2(1)(2)

[^key-6fd1978a31ee11a4912d0a348bf34a9f]: S. 31(2A) inserted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 14(2); S.S.I. 2014/160, art. 2(1)(2)

[^key-6fead95f2ccd6b869b790408c9738ac9]: Sch. 13 para. 9(9) excluded (E.) (24.8.2011) by The Town and Country Planning (Environmental Impact Assessment) Regulations 2011 (S.I. 2011/1824), regs. 1(1), 50(1)(a)

[^key-701435d2f1d9fdca2e4f1b9b55ff7ad2]: Sch. 22 paras. 7-9 repealed (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 30; S.I. 2014/251, art. 4

[^key-702296d88f4fae597b070c0e76e0f41b]: Words in s. 41(1)(e) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 372(2)(d) (with Sch. 7)

[^key-702807d837e33817be90c3d57be7890e]: S. 83 functions made exercisable concurrently (E.W.) (8.5.2017) by The West Midlands Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/510), arts. 1(2), 17

[^key-70afe75749d3c6809cecc0e95fd3024e]: S. 97(6A) inserted (E.) (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(l), Sch. 22 para. 12

[^key-70e4e8ad60c07a5658265ed96c5d60aa]: Words in s. 85(5)(b) inserted (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 3(7)(c) (with reg. 8(1)(2)) (as amended by S.I. 2020/1540, regs. 1(3), 12(5)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-716d1c2290d34f9e748cd60ebe9935bb]: S. 114(2)(a)(ix) inserted (E.W.) (1.4.2006) by Water Act 2003 (c. 37), ss. 3(13), 105(3); S.I. 2006/984, art. 2(c) (with Sch. para. 2)

[^key-71ef21c83d50d0dae56188d6e8258258]: Ss. 14-19 repealed (E.W.) (1.4.2011) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 2 para. 53 (with s. 49(1)(6)); S.I. 2011/694, art. 3(i)

[^key-71fdd5062869711b51ea52ce5ca74af1]: Words in s. 41(1)(a) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 372(2)(a) (with Sch. 7)

[^key-7316044689bbe487bd196f74abc3836e]: S. 108(4)(g) substituted (E.W.) (6.4.2016) by The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2016 (S.I. 2016/475), reg. 1(2), Sch. 3 para. 3(3)(b)(i) (with regs. 31-33)

[^key-739387b2630d76ad4b47c7b0ccaabc1f]: Sch. 14 para. 6(8) restricted (W.) (1.3.2016) by The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016 (S.I. 2016/58), reg. 1(2), Sch. 7 para. 8(1) (with reg. 52(2)(3), 59)

[^key-73aa6e270f315e696cf81610f9fa2d98]: Words in s. 87(2)(c) inserted (1.5.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 11 para. 11(2)(a) (with s. 144); S.I. 2022/48, reg. 4(c)

[^key-73ba9c2a5893fdd5474cdba006895990]: S. 108(12)(13) applied (S.) (28.2.2023) by The Packaging Waste (Data Reporting) (Scotland) Regulations 2023 (S.S.I. 2023/7), regs. 1, 26(5)

[^key-7404ecf579fe9dee5c2066a6dcf4fbd1]: S. 9A inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 368 (with Sch. 7)

[^key-7434a70677e1f5fd2ed321c386457c5e]: Words in s. 33(5)(b) omitted (S.) (1.4.2006) by virtue of The Water Environment (Consequential and Savings Provisions) (Scotland) Order 2006 (S.S.I. 2006/181), sch. Pt. 4 para. 8(2)(a)

[^key-74f94c92a829a1a349e0775cd4f7ced8]: S. 53(1)(a): transfer of functions (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 9(2) (with art. 24)

[^key-757bec92373b106f0553e43523b314b5]: Sch. 14 para. 9(2) modified (W.) (1.3.2016) by The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016 (S.I. 2016/58), reg. 1(2), Sch. 7 para. 8(6)(b) (with reg. 52(2)(3), 59)

[^key-75a2bed3226e9cf944fa3629cd394b26]: Sch. 14 para. 12(2)(c) and word inserted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), s. 35(1), Sch. 3 para. 9(4)(b) (with s. 10); S.I. 2013/1488, art. 3(d)

[^key-75a4e8cfbdd1dc09e28adefd195152ed]: Sch. 6 para. 16 repealed (S.) (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 8(2), 134(7); S.S.I. 2010/221, art. 3(2), sch.

[^key-75da80d3c4aee599012a6d1d8b81e771]: Sch. 22 para. 76 repealed (E.W.) (6.4.2008) by The Environmental Permitting (England and Wales) Regulations 2007 (S.I. 2007/3538), reg. 1(1)(b), Sch. 23 (with reg. 72, Sch. 4) Sch. 22 paras. 66-77 repealed (S.) (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 21 para. 1 (with sch. 23)

[^key-75f94f532dbc42cabd87d76cb82df122]: Words in s. 41A(2) substituted (3.12.2012) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging Schemes) Regulations 2012 (S.I. 2012/2788), regs. 1, 5(4)(a)

[^key-760c14ea1b1e4b978eead35249748321]: S. 21(2)(d) repealed (S.) (1.9.2018) by The Environmental Authorisations (Scotland) Regulations 2018 (S.S.I. 2018/219), reg. 1, sch. 7 para. 1 Table (with reg. 78, sch. 5 para. 2)

[^key-762b7fb20cf33c077d2946920be664d4]: Words in s. 9(4) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 367(6)(b) (with Sch. 7)

[^key-76e64f266177e29e93b532c794f39e93]: Word in s. 9(5)(b)(ii) omitted (E.W.) (21.5.2016) by virtue of Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 6(2)

[^key-772baacf45d1ab8c00919e12caa7c61a]: Sch. 22 para. 224 repealed (S.) (1.9.2018) by The Environmental Authorisations (Scotland) Regulations 2018 (S.S.I. 2018/219), reg. 1, sch. 7 para. 1 (with reg. 78, sch. 5 para. 2)

[^key-778f76472b5d2868caf609fad632a33b]: Words in s. 56(1) repealed (1.4.2015 for S.) by Pollution Prevention and Control Act 1999 (c. 24), s. 7(3), Sch. 3; S.S.I. 2015/74, art. 2(2)(g)

[^key-77b1f1c316559a633816fd49da2678df]: S. 108(12)(13) applied (16.12.2005) by The Producer Responsibility Obligations (Packaging Waste) Regulations 2005 (S.I. 2005/3468), regs. 1(1), 35(4)

[^key-77e8a7c58b1ad11860e85c80f685fc31]: Words in s. 4(7) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 362(4) (with Sch. 7)

[^key-78010092bf260bb3baf98757ae8c31c9]: S. 46(4) functions cease to be exercisable (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 10 (with arts. 24, 26)

[^key-780e4d52bedad8d3588db1c154442972]: Words in s. 86(7)(a) omitted (1.5.2022) by virtue of Environment Act 2021 (c. 30), s. 147(3), Sch. 11 para. 9(7)(a) (with s. 144); S.I. 2022/48, reg. 4(c)

[^key-7815c65eaaad40b148b8a03ba5901cc6]: Words in s. 79(1) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 18(3)(a), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c)

[^key-78f9562ec0facf744d0388cf19f5ae57]: Words in Sch. 1 para. 1(3)(b) inserted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 2 para. 33(2) (with art. 5)

[^key-79eeafb254bc124d719dbc46b7ffb1b3]: Sch. 24 in force at 1.4.2015 for specified purposes for S. by S.S.I. 2015/73, art. 2(2)

[^key-7acdcec7292cdf1e729ad8012c47b21a]: Sch. 22 para. 129 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

[^key-7b2d1e831e9a47ba27cd11b039986742]: S. 109 applied (with modifications) (1.4.2018) by The Control of Mercury (Enforcement) Regulations 2017 (S.I. 2017/1200), regs. 2(2), 27(3) (with reg. 1(2))

[^key-7b83725d8ecda4f93f656b7953688875]: Words in s. 80(6)(a) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 377 (with Sch. 7)

[^key-7c446b4040af0df9e0e5442f29918dd0]: S. 108A applied (with modifications) (1.4.2018) by The Control of Mercury (Enforcement) Regulations 2017 (S.I. 2017/1200), regs. 2(2), 27(3) (with reg. 1(2))

[^key-7c993bbb621ebe51fb52ee2a78ed4f4f]: S. 120(1) in force at 1.4.2015 for specified purposes for S. by S.S.I. 2015/73, art. 2(1)

[^key-7cfb79bc4b5c4cd992c8d6243d62a556]: S. 108(6)(a) omitted (E.W.) (9.1.2022) by virtue of Environment Act 2021 (c. 30), s. 147(2)(h), Sch. 10 para. 5(3) (with s. 144)

[^key-7d04fa23b021c1e5d19dfeb8b4f083e7]: Words in s. 38(10) inserted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 43(5); S.S.I. 2014/160, art. 2(1)(2)

[^key-7d3d4297965d390604bc0e589269dbb1]: Sch. 23 para. 4 repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 29(11)(a); S.S.I. 2014/160, art. 2(1)(2)

[^key-7e4653d03dfcb1f8efda32cc1b52bce9]: Words in s. 5(2) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 364(3) (with Sch. 7)

[^key-7ec327a20542d250a5feb44235a0420a]: Sch. 22 paras. 66-74 repealed (E.W.) (6.4.2008) by The Environmental Permitting (England and Wales) Regulations 2007 (S.I. 2007/3538), reg. 1(1)(b), Sch. 23 (with reg. 72, Sch. 4) Sch. 22 paras. 66-77 repealed (S.) (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 21 para. 1 (with sch. 23)

[^key-7f2911948e49c4b56300dc66fd1582c5]: S. 5(6) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 364(6) (with Sch. 7)

[^key-7f3af1da265095a90cf583deb0e006ef]: Words in s. 82(3) omitted (1.5.2022) by virtue of Environment Act 2021 (c. 30), s. 147(3), Sch. 11 para. 5(2)(b) (with s. 144); S.I. 2022/48, reg. 4(c)

[^key-7f96dd47e92195b35e147eb627c26809]: Words in s. 41A(1)(b)(i) substituted (31.1.2014) by The Greenhouse Gas Emissions Trading Scheme and National Emissions Inventory (Amendment) Regulations 2013 (S.I. 2013/3135), regs. 1, 13(2)

[^key-7f977c93baeeb9dcf27a3ce46a6c04da]: Sch. 15 para. 22 repealed (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 22 Pt. 5(B); S.I. 2009/3345, art. 2, Sch. para. 27(b)

[^key-7fc903dcb842ac75ee7dca5744d8aa26]: Sch. 13 para. 9(9) excluded (W.) (8.1.2010) by The Town and Country Planning (Environmental Impact Assessment) (Undetermined Reviews of Old Mineral Permissions) (Wales) Regulations 2009 (S.I. 2009/3342), regs. 1(2), 42

[^key-7fccd9eea0eddc2af82b3a51dbb4ed3a]: Sch. 7 para. 18(3) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 18 Pt. 14; S.I. 2008/917, art. 2(v)(ii)

[^key-803b0b6baa997ee8cb013cc156659a85]: Words in s. 9(3)(b) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 142; S.I. 2006/2541, art. 2 (with Sch.)

[^key-803e2f933f3c7541a6f12bbbf054f768]: Sch. 7 para. 2(5A)(5B) substituted for Sch. 7 para. 2(6) (10.5.2007) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 61(3), 107(3)(b); S.I. 2007/816, art. 3

[^key-80cb709ecc5b9c2a2f20156930230935]: Words in s. 42(4)(a) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 373(5)(b)(i) (with Sch. 7)

[^key-813ed1c6e05f4e314fa21fb32a024a04]: Words in s. 79(1) inserted (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 18(3)(b); S.I. 2007/3136, art. 2(b)

[^key-8141d15687a7d7b9391d177c1253d84d]: Ss. 85A, 85B inserted (1.5.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 11 para. 8 (with s. 144); S.I. 2022/48, reg. 4(c)

[^key-81995ba5d466379b7a19107a2c196262]: Sch. 9 para. 1(2)(b) repealed (1.10.2007 for E.) by Commons Act 2006 (c. 26), s. 56, Sch. 6 Pt. 2 (with s. 60); S.I. 2007/2584, art. 2(d)(ii)

[^key-81cf56b3a7a072097191180cfd21bb1a]: Sch. 22 para. 182 repealed (E.W.) (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 28 (with reg. 1(2), Sch. 4)

[^key-8255acb810a8b662e0f4a1a028de1290]: S. 82(4)-(6) inserted (1.5.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 11 para. 5(3) (with s. 144); S.I. 2022/48, reg. 4(c)

[^key-8302bb16b598510c7b3a3f05c2b76653]: Word in Sch. 8 para. 2(3)(a) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 14 para. 24(3)(a); S.I. 2016/733, reg. 3(h) (with reg. 6)

[^key-838b848770850871ffedc8e99d39147d]: Words in s. 42(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 373(2)(a) (with Sch. 7)

[^key-844e88dc5d5a82a49046ed92acb9cb86]: Sch. 22 para. 142 repealed (E.W.) (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 28 (with reg. 1(2), Sch. 4)

[^key-849c5ffa159a69d3429388c6fad5900c]: S. 49(3)(4) functions cease to be exercisable (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 10 (with arts. 24, 26)

[^key-84e952dd7c895e6c25b19aeb0495ec05]: Sch. 22 para. 29(28) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

[^key-84fe3e98bdd6ca26709c0a7f765be559]: Words in Sch. 9 para. 1(6) substituted (31.10.2011 for E. in relation to the pilot areas, 12.11.2014 for E. for specified purposes, 15.12.2014 for E. for specified purposes) by Commons Act 2006 (c. 26), s. 56, Sch. 5 para. 6(b) (with s. 60); S.I. 2011/2460, art. 2(b); S.I. 2014/3026, art. 3(1)(h) (with art. 5)

[^key-854f52a00fe35d2904bad4ce98d8fee6]: Sch. 18 paras. 2-6 applied (with modifications) (S.) (28.2.2023) by The Packaging Waste (Data Reporting) (Scotland) Regulations 2023 (S.S.I. 2023/7), regs. 1, 26(6)

[^key-861fc805d8027db5420981fbb8077151]: Words in s. 41A(5) substituted (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 17(6)(b) (with art. 24)

[^key-86bacfe5220ec0765465538a59df0988]: Word in s. 41(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 372(2)(g) (with Sch. 7)

[^key-870fbc13579a38c43a4a122f3bca956a]: Sch. 22 para. 225 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

[^key-87368414594d57d27607fd68f0aaa722]: Sch. 18 para. 2(2A)(2B) inserted (E.W.) (9.1.2022) by Environment Act 2021 (c. 30), s. 147(2)(h), Sch. 10 para. 6(2)(a) (with s. 144)

[^key-874ee75e0234375293919f966ff43869]: Words in s. 71(6) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 32; S.I. 2011/2896, art. 2(i)

[^key-886fdfe7c4bd308743f859eca6770f51]: Sch. 22 para. 220 repealed (S.) (1.9.2018) by The Environmental Authorisations (Scotland) Regulations 2018 (S.S.I. 2018/219), reg. 1, sch. 7 para. 1 (with reg. 78, sch. 5 para. 2)

[^key-88abde39558606dea4f57a74078e64cc]: Words in s. 75(8) substituted (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 18(2); S.I. 2007/3136, art. 2(b)

[^key-895ca5df471092c405d873231b5c4484]: Words in s. 82(3) substituted (1.5.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 11 para. 5(2)(a) (with s. 144); S.I. 2022/48, reg. 4(c)

[^key-89ae8bdf97db46c447603d1e10b6e99e]: S. 6(7A) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 365(9) (with Sch. 7)

[^key-8a0e9746b78da356481c8e17ef286bb4]: Word in s. 41(1)(g) substituted (1.1.2012) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (Registries and Fees etc.) Regulations 2011 (S.I. 2011/2911), reg. 1(1), Sch. para. 22(a) (with Sch. para ss. 33-36)

[^key-8a39699c22f6ab9b2ccbd23b143a596e]: Words in s. 41(10) omitted (6.4.2010) by virtue of The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2009 (S.I. 2009/3381), regs. 1(1)(b), 13(2)(b) (with regs. 1(2), 16(2))

[^key-8a4841a37ff516847ebdf8d154049a8a]: S. 80A inserted (1.5.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 11 para. 3 (with s. 144); S.I. 2022/48, reg. 4(c)

[^key-8a723f56dc2d58aa08c03417864034f4]: S. 108(4)(a)-(l) applied (with modifications) (2.8.2004) by The Justification of Practices Involving Ionising Radiation Regulations 2004 (S.I. 2004/1769), reg. 1, Sch. 1 paras. 1, 2 (with reg. 2)

[^key-8b49a1e2fa0e9fcb8fd98e1517ad15f6]: S. 53(2): transfer of functions (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 9(2) (with art. 24)

[^key-8b89f8a3e0160c6f011b928c0cc4b7a5]: Words in s. 108(15) inserted (E.W.) (6.4.2016) by The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2016 (S.I. 2016/475), reg. 1(2), Sch. 3 para. 3(3)(d)(ii) (with regs. 31-33)

[^key-8bc3f8ee6cb2734b5733abaa9df2e914]: Words in s. 42(2) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 373(3)(a)(ii) (with Sch. 7)

[^key-8bffc5ad1ff0d989e95290377d7f52ad]: Words in s. 108(15) inserted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 10(2)(b)

[^key-8c9d0d700da84afc30aacaf1a47143cf]: Words in s. 42(4) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 373(5)(a)(iii) (with Sch. 7)

[^key-8ca77e86c616e4051029ff6bda6ae598]: Sch. 4 para. 1(1)(c)(d) inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 68(2)(b), 105(3); S.I. 2004/641, art. 3(q) (with Sch. 3 para. 7)

[^key-8da7e2e00523ad05dbff5374d8cd29da]: Sch. 15 para. 4 omitted (E.W.) (27.3.2009) by virtue of The Aquatic Animal Health (England and Wales) Regulations 2009 (S.I. 2009/463), reg. 1(2), Sch. 2 para. 9(c)(ii) (with reg. 2(2)) and Sch. 15 para. 4 omitted (S.) (27.3.2009) by virtue of The Aquatic Animal Health (Scotland) Regulations 2009 (S.S.I. 2009/85), reg. 1(2)(c), sch. 2 para. 9(c)(ii) (with reg. 2.)

[^key-8da87c9bb25d71d3f52b8a1b955982dd]: S. 41(1)(c) omitted (E.W.) (31.12.2020) by virtue of The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 3(3)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

[^key-8e027faa8a91a56a56524c9e55abaa2b]: Sch. 22 para. 29(5) repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 29(10)(b)(ii); S.S.I. 2014/160, art. 2(1)(2)

[^key-8e427ed788ac7d1d195b88e5780d3c45]: Sch. 22 para. 148 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

[^key-8ec80f04103e1fdc870c479de5230cbd]: Words in s. 41A(1C) substituted (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 17(3)(a) (with art. 24)

[^key-8eded55d0431a5bca635214a7609875d]: Words in s. 10(2) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 369(3)(a) (with Sch. 7)

[^key-8eece7968d02ca26f355c62bca9d1c4a]: Words in s. 41A(2) inserted (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 17(4)(b)(ii) (with art. 24)

[^key-901826a05708e9d4c34d3a69ba7561c0]: Sch. 13 para. 11(1) modified (W.) (1.3.2016) by The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016 (S.I. 2016/58), reg. 1(2), Sch. 7 para. 8(6)(a) (with reg. 52(2)(3), 59)

[^key-90b616acb4b6eb1bc12cdc407f48da59]: S. 37(8A) inserted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 43(4); S.S.I. 2014/160, art. 2(1)(2)

[^key-91df897c5fa2cec47d709975c01c9ebc]: Words in s. 56(1) substituted (6.4.2010) by The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2009 (S.I. 2009/3381), regs. 1(1)(b), 13(3) (with regs. 1(2), 16(3))

[^key-923a3e5cdc9b8b3acbc5009078ad7cfd]: S. 21(1)(g) repealed (26.2.2015) by The Regulatory Reform (Scotland) Act 2014 (Consequential Modifications) Order 2015 (S.I. 2015/374), arts. 1(1), 6(2)(a)

[^key-927e10aa31657665058ffaa4764631c1]: Words in s. 113(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 384(2)(e) (with Sch. 7)

[^key-92cd0d5ff92bf36913c5be0f18a7bda2]: Sch. 22 para. 221 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

[^key-92f08e5f6ac9bdf3ec126287d2387b96]: Sch. 22 para. 29(9)(c) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

[^key-931f50773d6d1260084e1cdc500c02cb]: Words in s. 9(3) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 367(4)(a) (with Sch. 7)

[^key-9321416e534f209ea3ac4bf01ac403ca]: Words in s. 110(4)(b) substituted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 29(6)(b)(iii) (with sch. 3 para. 30); S.S.I. 2014/160, art. 2(1)(2)

[^key-93a98c7d35b8287ce36cc666ddba709a]: S. 42(11) substituted (3.12.2012) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging Schemes) Regulations 2012 (S.I. 2012/2788), regs. 1, 6(6)

[^key-93cccb208e24ba8a63bf5f47825307c8]: S. 21(3) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

[^key-94f442eb2f41283bb62806deb763005d]: Words in s. 56(1) repealed (6.4.2008) by The Environmental Permitting (England and Wales) Regulations 2007 (S.I. 2007/3538), reg. 1(1)(b), Sch. 21 para. 23(2)(a), Sch. 23 (with reg. 72, Sch. 4)

[^key-950a3f5576398f9d8b3eb113e288c6cd]: S. 45(2) functions cease to be exercisable (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 7 (with art. 24)

[^key-951420c1858e6c14b02ed6d192524ffb]: Words in s. 113(2) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 384(3) (with Sch. 7)

[^key-957f51ba4fa2df49b07f057ccc065786]: Words in s. 6(8) inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 230(3), 324(3); S.I. 2009/3345, art. 2, Sch. para. 14

[^key-95b3355c2f4ec0e15d8c9dba736d4e08]: Words in s. 108(1)(a) inserted (E.W.) (6.4.2016) by The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2016 (S.I. 2016/475), reg. 1(2), Sch. 3 para. 3(3)(a)(i) (with regs. 31-33)

[^key-95b61f0612818a5cb90a18851076d29c]: Words in s. 10(5) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 369(5)(a) (with Sch. 7)

[^key-95c7e3712ece244510822a2ea2e5ab16]: S. 108 extended (7.3.2015) by The Ozone-Depleting Substances Regulations 2015 (S.I. 2015/168), regs. 1(2), 13(3) (with reg. 12(7))

[^key-95d13e31d578185157bc78d843bf6521]: Word in s. 80(2) omitted (31.12.2020) by virtue of The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 3(6)(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-960bb5635c920d8910a7809809ca4fff]: Words in s. 108(15) inserted (E.W.) (1.7.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 2 para. 3(2) (with s. 97)

[^key-965bcff415ab2bd15eed692c6cbc2353]: S. 82 functions made exercisable concurrently (E.W.) (1.4.2011) by The Greater Manchester Combined Authority Order 2011 (S.I. 2011/908), arts. 1, 10, Sch. 3 para. 3

[^key-969d54f1897c252da230ddbcec54c8fc]: S. 108 restricted (21.4.2005) by The Greenhouse Gas Emissions Trading Scheme Regulations 2005 (S.I. 2005/925), reg. 3(4) (with reg. 3)

[^key-96b6d744daef2114ccc7d46e7a232131]: Words in s. 8(2) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 366(4)(b) (with Sch. 7)

[^key-96f0eaeb1b4f26750cfba7704fc14899]: S. 9(3A) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 367(5) (with Sch. 7)

[^key-9703caf40ef3717b3d63bbc216e93d3d]: Sch. 22 para. 78 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

[^key-974a4624f32447aa706f96b51e46ce92]: Words in s. 114(2)(a)(iii) repealed (1.4.2015 for S.) by Pollution Prevention and Control Act 1999 (c. 24), s. 7(3), Sch. 3; S.S.I. 2015/139, art. 3(c)

[^key-974faa8ee059fcbdcb8b2d22141331b5]: Words in s. 113(5) repealed (1.4.2015 for S.) by Pollution Prevention and Control Act 1999 (c. 24), s. 7(3), Sch. 3; S.S.I. 2015/139, art. 3(b)

[^key-97a3cf97eb3cb994d6fae1bb9c295815]: Words in s. 8(2)(b) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 366(4)(a) (with Sch. 7)

[^key-97b57a142322f2a29398b3d4a66b1539]: S. 9(5) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 367(7) (with Sch. 7)

[^key-97ef91cf7a7a5b2eb2f0524696599694]: Words in s. 4(5) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 140; S.I. 2006/2541, art. 2 (with Sch.)

[^key-9801f2dec9843e538f853a51379ffa3a]: Words in Sch. 4 para. 1(4)(a) inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 68(3)(b), 105(3); S.I. 2004/641, art. 3(q) (with Sch. 3 para. 7)

[^key-983559ac17551db408468ed62b4284f7]: Sch. 7 para. 3(5A)(5B) substituted for Sch. 7 para. 3(6) (10.5.2007) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 61(5), 107(3)(b); S.I. 2007/816, art. 3

[^key-999876f28fb1fe9fb2c8f004df365a01]: S. 60(1)(2) repealed (E.W.) (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 28 (with reg. 1(2), Sch. 4)

[^key-9ad7db6ec71fe7b53bf588729056ce7d]: Words in s. 42(5) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 373(6)(c) (with Sch. 7)

[^key-9b0cb9d0f1dd9f11526276f5192fa7ba]: Words in s. 56(1) substituted (E.W.) (29.3.2011) by The Waste (England and Wales) Regulations 2011 (S.I. 2011/988), reg. 1(2), Sch. 4 para. 4(3) (with regs. 2, 47(2))

[^key-9b1a124efdd38a251231aee7a9034460]: Sch. 23 para. 3 repealed (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), arts. 1(2), 9(2) (with Sch. 7)

[^key-9b711f1b976ef7b52823fb1b7437019a]: Words in s. 8(4) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 141(3); S.I. 2006/2541, art. 2 (with Sch.)

[^key-9b845aff4b6ee32b0d8d8693b1cb04d3]: S. 41(1)(i)(j) omitted (3.12.2012) by virtue of The Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging Schemes) Regulations 2012 (S.I. 2012/2788), regs. 1, 4(a)

[^key-9b921a4f126fffb0f5cd617017483c8d]: S. 108 applied by SI 2005/2773, reg. 7(4A) (as inserted (E.) (23.12.2009) by The Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products (Amendment) (England) Regulations 2009 (S.I. 2009/3145), regs. 1, 2)

[^key-9c288abd47f9eaa8c1c5273fa38761aa]: Words in s. 42(11) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 373(9) (with Sch. 7)

[^key-9c68de514b82b606c607886972769baf]: S. 41(9A) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 372(4) (with Sch. 7)

[^key-9c6e51d75cb32703752811f39d2df06f]: Words in s. 8(3) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 366(5)(c) (with Sch. 7)

[^key-9c8b2f01ac026ca7dd22b3f0c6d78c28]: S. 84 functions made exercisable concurrently (E.W.) (8.5.2017) by The West Midlands Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/510), arts. 1(2), 17

[^key-9ce2f9cfca3c171c0daf99a415f99a1f]: Words in s. 86(7)(b) omitted (1.5.2022) by virtue of Environment Act 2021 (c. 30), s. 147(3), Sch. 11 para. 9(7)(b)(ii) (with s. 144); S.I. 2022/48, reg. 4(c)

[^key-9d20742b1f031ba23d2226e01113324a]: Sch. 22 para. 171 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

[^key-9da665668d50bb8d414df3c51fd5d32d]: Words in s. 108(15) substituted (E.W.) (18.10.2005 for E., 16.3.2006 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 53, 108(1)(2); S.I. 2005/2896, art. 3(h); S.I. 2006/768, art. 2(b)

[^key-9dc6d70733fc45d6e7222f1d690c1937]: S. 34 repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 14(7); S.S.I. 2014/160, art. 2(1)(2)

[^key-9e50ed140beccda86621a7bd6fed4209]: S. 41(1)(h)-(j) inserted (1.1.2012) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (Registries and Fees etc.) Regulations 2011 (S.I. 2011/2911), reg. 1(1), Sch. para. 22(a) (with Sch. para ss. 33-36)

[^key-9eb920d9edff889f3fa1bfc576118333]: S. 21(2)(a) repealed (26.2.2015) by The Regulatory Reform (Scotland) Act 2014 (Consequential Modifications) Order 2015 (S.I. 2015/374), arts. 1(1), 6(2)(b)

[^key-9ee339577044637975a4bc7d09df97e2]: S. 84(5) omitted (1.5.2022) by virtue of Environment Act 2021 (c. 30), s. 147(3), Sch. 11 para. 7(4) (with s. 144); S.I. 2022/48, reg. 4(c)

[^key-9f38fd12b06d75fe9207b02c1dedbd04]: Words in Sch. 7 para. 17(2)(e) inserted (31.3.2015) by Local Government Byelaws (Wales) Act 2012 (anaw 2), s. 22(2), Sch. 2 para. 16(2); S.I. 2015/1025, art. 2(r) (with art. 3)

[^key-9f811b272bec8012f24fb53fc17fbe22]: Word in s. 41(1)(b) omitted (12.7.2007) by virtue of The Transfrontier Shipment of Waste Regulations 2007 (S.I. 2007/1711), regs. 1, 46(1)(a) (with reg. 3)

[^key-9fd5f80b335e4827c963aa926e80953e]: Sch. 13 para. 11(1) modified (W.) (8.1.2010) by The Town and Country Planning (Environmental Impact Assessment) (Undetermined Reviews of Old Mineral Permissions) (Wales) Regulations 2009 (S.I. 2009/3342), regs. 1(2), 45

[^key-a065f28a9e779b0e0c5c3741d43cdc86]: S. 86(2A) inserted (1.5.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 11 para. 9(4) (with s. 144); S.I. 2022/48, reg. 4(c)

[^key-a06837d88bd3f2ccbcccedd223657be3]: Words in s. 41(1)(ba) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 372(2)(c) (with Sch. 7)

[^key-a1950abd61797da6c580b9ed06636bc3]: Words in s. 111(5) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 383 (with Sch. 7)

[^key-a208d10799cfadeeb2a71b43d663e333]: Words in s. 42(3A) inserted (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 18(3) (with art. 24)

[^key-a2412a40b9e2fb6f5775f230c5cf3397]: Sch. 15 para. 5 repealed (1.4.2010 for W., 1.4.2011 for E.) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 22 Pt. 4; S.I. 2010/630, art. 3(b) (with arts. 8, 12); S.I. 2011/556, art. 2(2)(o) (with art. 2(3))

[^key-a27b433f783a83278eb2b0ed13403820]: Words in s. 115(3) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 385 (with Sch. 7)

[^key-a2934b753728e1ce89f8ae95264ee0eb]: Sch. 22 para. 29(4)(b)-(e) repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 29(10)(b)(ii); S.S.I. 2014/160, art. 2(1)(2)

[^key-a319df0e0b9781d4c425feb1d3fad126]: Words in s. 87(2)(j) inserted (1.5.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 11 para. 11(2)(b) (with s. 144); S.I. 2022/48, reg. 4(c)

[^key-a3bacc802f2e0f7ba92876786fe2af5f]: Words in s. 41(2)(g) substituted (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 3(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-a3bb0ce3e1fd8414b510ad6b93c961a5]: Sch. 22 para. 30(3) repealed (S.) (26.2.2015) by The Regulatory Reform (Scotland) Act 2014 (Consequential Modifications) Order 2015 (S.I. 2015/374), arts. 1(1), 6(4)

[^key-a463176394a2e280b6b2ee0813a2a407]: Words in s. 8(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 366(2)(c)(i) (with Sch. 7)

[^key-a4a91e3251b88e2220bf7d7c7dd9609f]: Ss. 109A-109N inserted (E.W.) (29.3.2018) by The Waste Enforcement (England and Wales) Regulations 2018 (S.I. 2018/369), reg. 1(2), Sch. 2 para. 3 (with reg. 4(1))

[^key-a4c94ae0d6093e47d5f41b55020c8d18]: Words in s. 41A(1) substituted (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 17(2)(b) (with art. 24)

[^key-a500c55f0bf33b899c1fb9bd094f09d1]: Words in s. 110(4)(a)(i) inserted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 29(6)(b)(ii) (with sch. 3 para. 30); S.S.I. 2014/160, art. 2(1)(2)

[^key-a577eb4daee51f32e1f98182b054376a]: Sch. 22 para. 29(27) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

[^key-a5c2776c9e2c5332a9bf17d42c47c918]: Words in s. 5(3)(a) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 364(4)(b) (with Sch. 7)

[^key-a5d4c160a2cac9adf921419df80ec4c9]: S. 123 applied (S.) (1.4.2015) by Reservoirs (Scotland) Act 2011 (asp 9), ss. 106(1), 116(1) (with s. 110); S.S.I. 2015/63, art. 2

[^key-a5e613b895750034a69085da7e02d299]: S. 108(4)(ka) inserted (E.W.) (9.1.2022) by Environment Act 2021 (c. 30), s. 147(2)(h), Sch. 10 para. 5(2) (with s. 144)

[^key-a636d1e952c217c140a2280425952c26]: Words in s. 108(15) inserted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 10(2)(a)

[^key-a654ff83fa83d9fe1a2438a775d06f1a]: S. 108(12A) inserted (E.W.) (9.1.2022) by Environment Act 2021 (c. 30), s. 147(2)(h), Sch. 10 para. 5(5) (with s. 144)

[^key-a65e0243dc34c1cbbc2adb64eb33479c]: Words in s. 10(2)(a)-(c) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 369(3)(b) (with Sch. 7)

[^key-a6925af21caf08abcc1eeb07f8e5d4b7]: S. 40: transfer of functions (10.7.2008) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2008 (S.I. 2008/1776), arts. 1(1), 2, Sch.

[^key-a6bb7bc38c077979e7e4b744b90761af]: Sch. 22 para. 29(29) repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 29(10)(b)(ii); S.S.I. 2014/160, art. 2(1)(2)

[^key-a6dc6bb9112db65f2e1a5cc34dda97b8]: Sch. 22 para. 75 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13 Sch. 22 paras. 66-77 repealed (S.) (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 21 para. 1 (with sch. 23)

[^key-a75609b4585ddfe432f7009435e65e97]: Words in Sch. 14 para. 4(1) omitted (25.6.2013) by virtue of Growth and Infrastructure Act 2013 (c. 27), s. 35(1), Sch. 3 para. 8(3)(a) (with s. 10); S.I. 2013/1488, art. 3(d)

[^key-a78cf1e5590fba891a61957f2a34b361]: Words in s. 108(4)(h)(iii) inserted (E.W.) (6.4.2016) by The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2016 (S.I. 2016/475), reg. 1(2), Sch. 3 para. 3(3)(b)(ii) (with regs. 31-33)

[^key-a7e821fd868230415d414fa5d516a9ca]: Words in s. 113(5) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 384(4)(b) (with Sch. 7)

[^key-a806d00fdcfbda4365e07ac822dffa1d]: Sch. 22 para. 95 in force at 1.1.2005 for S. by S.S.I. 2004/541, art. 2(a)

[^key-a8476901e1c326ca94eb2acac8c644eb]: S. 80(3) omitted (1.5.2022) by virtue of Environment Act 2021 (c. 30), s. 147(3), Sch. 11 para. 2(2) (with s. 144); S.I. 2022/48, reg. 4(c)

[^key-a8c2613002ba61976c8d8a3a7dc09eb9]: Words in s. 108(15) omitted (1.4.2006) by virtue of The Water Environment (Consequential and Savings Provisions) (Scotland) Order 2006 (S.S.I. 2006/181), sch. Pt. 4 para. 8(4)

[^key-a94c7171e83cbd30d8936a4c6956e4ef]: Words in s. 86(8) omitted (31.12.2020) by virtue of The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 3(8)(a) (with reg. 8(1)(2)) (as amended by S.I. 2020/1540, regs. 1(3), 12(5)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-a9e74050f3e8ba5d2f3a0f761df04c70]: Words in s. 42(5) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 373(6)(a) (with Sch. 7)

[^key-aa032fe5eee51624a4f083a5619414ff]: Words in s. 41A(2) substituted (3.12.2012) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging Schemes) Regulations 2012 (S.I. 2012/2788), regs. 1, 5(4)(b)

[^key-aadd7304dee3731be28a5a84ea7d707e]: Sch. 22 para. 77 repealed (E.W.) (6.4.2008) by The Environmental Permitting (England and Wales) Regulations 2007 (S.I. 2007/3538), reg. 1(1)(b), Sch. 23 (with reg. 72, Sch. 4) Sch. 22 paras. 66-77 repealed (S.) (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 21 para. 1 (with sch. 23)

[^key-ab365f19c847e3371a5211ad08f89a34]: Word in s. 81(2)(a) inserted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 14(11)(b); S.S.I. 2014/160, art. 2(1)(2)

[^key-ab9873b7d1340cf1c8fcf61905f0256d]: S. 33(5) repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 14(5)(a); S.S.I. 2014/160, art. 2(1)(2)

[^key-ac6b3b973b55e6328642cb02811b4c30]: Words in Sch. 20 para. 4(3)(d) substituted (E.W.) (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 29 Pt. 1 para. 13(4) (with regs. 1(3), 77-79, Sch. 4)

[^key-acc7195cee555240cefa4330780658f2]: Ss. 41B, 41C inserted (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 19 (with arts. 24, 28)

[^key-ad05d398d35c0cc80a89f2e7f732a33e]: Sch. 13 para. 1(8)-(10) added (E.) (31.3.2003) by Town and Country Planning (Electronic Communications) (England) Order 2003 (S.I. 2003/956), arts. 1(1), 10(2)(a) and added (W.) (1.1.2005) by The Town and Country Planning (Electronic Communications) (Wales) (No. 1) Order 2004 (S.I. 2004/3156), art. 10(2)(a) (with art. 14)

[^key-ad1148982ece1f18a736e7ce23e6e53c]: Words in s. 36(1)(a) substituted (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), s. 59(2), Sch. 7 para. 10(2)(a) (with s. 55(2)); S.S.I. 2004/495, art. 2

[^key-ad2e37fcda9e7703a01bcb0060e0df00]: Words in s. 5(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 364(2) (with Sch. 7)

[^key-ad5cbe74dae12f3b6b4c3c8d0ebfa019]: Sch. 14 para. 6(8) excluded (E.) (24.8.2011) by The Town and Country Planning (Environmental Impact Assessment) Regulations 2011 (S.I. 2011/1824), regs. 1(1), 50(1)(a)

[^key-adb9f06a59db18dcce88d0fe8c5b080e]: Words in s. 8(1) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 141(2)(a); S.I. 2006/2541, art. 2 (with Sch.)

[^key-adc5c71be28dc64b9f7229148f577177]: Words in Sch. 7 para. 14(3) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 386 (with Sch. 7)

[^key-ae578723ff21972086e7368fddea00ec]: S. 36(3)(g) repealed (S.) (25.6.2003) by Water Industry (Scotland) Act 2002 Consequential Provisions) Order 2003 (S.S.I. 2003/331), art. 1, Sch. para. 7

[^key-af3d33cc8fd10b5346bf794863c7e2b1]: S. 80(4A) inserted (1.5.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 11 para. 2(3) (with s. 144); S.I. 2022/48, reg. 4(c)

[^key-af7301c0eecb66e782c2b993cf39f3f3]: Words in s. 113(1)(a) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 384(2)(b) (with Sch. 7)

[^key-afa57d3475818bf24d47b2fab92841b8]: S. 101(1) repealed (17.3.2004 for E., 1.4.2004 for W.) by Water Act 2003 (c. 37), s. 105(3), Sch. 7 para. 42, Sch. 9 Pt. 3; S.I. 2004/641, art. 2(c)(d); S.I. 2004/910, art. 2(1)(c)(d)

[^key-b0560f66544a1c665a2f0605a96410b8]: Words in s. 110(5E)(a) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1

[^key-b109067c586cddc75b2ef33c022ffc7a]: Word in s. 114(2)(a)(v) inserted (E.W.) (1.4.2006) by Water Act 2003 (c. 37), ss. 21(4), 105(3) (with s. 21(5)); S.I. 2006/984, art. 2(k)

[^key-b1182cd01bc3aea4a46a6950b536f6d1]: Sch. 22 para. 149 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

[^key-b180a6f8e1e3057ef61377b466345852]: S. 86(8)(a) substituted (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 3(8)(b) (with reg. 8(1)(2)) (as amended by S.I. 2020/1540, regs. 1(3), 12(5)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-b1fea3fb504358665da4e08438dd6adb]: Words in s. 113(1)(d) inserted (1.4.2019) by The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 56; S.S.I. 2019/47, reg. 2

[^key-b22cf0bedf30b5bc326d2de25a884ae6]: S. 86(3)-(5) substituted (1.5.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 11 para. 9(5) (with s. 144); S.I. 2022/48, reg. 4(c)

[^key-b253b660c99f23b233b0bcf365f0645d]: S. 84 functions made exercisable concurrently (E.W.) (1.4.2011) by The Greater Manchester Combined Authority Order 2011 (S.I. 2011/908), arts. 1, 10, Sch. 3 para. 5

[^key-b2e7fbfd483de8ec41c64e0ae9c5bde7]: Sch. 15 para. 9 repealed (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 22 Pt. 5(B); S.I. 2009/3345, art. 2, Sch. para. 27(b)

[^key-b3037bbbc4c99b558fca2422e9598905]: Words in s. 6(6) substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 230(2), 324(3); S.I. 2009/3345, art. 2, Sch. para. 14

[^key-b43a79db16be45ab381191f0e8f78e1f]: S. 108(6)(7) applied (with modifications) (16.3.2007) by The Producer Responsibility Obligations (Packaging Waste) Regulations 2007 (S.I. 2007/871), regs. 1(1), 35(3)

[^key-b4408243325a3603cd3ee0a8ee43c787]: Sch. 7 para. 3(4A)(4B) substituted for Sch. 7 para. 3(4) (10.5.2007) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 61(4), 107(3)(b); S.I. 2007/816, art. 3

[^key-b4e2decc9dfe6c8de0bb65a81713d8c0]: Words in s. 40(4)(b) inserted (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 3(2)(b)(iii) (with reg. 8(1)(2)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-b4edfcff14f1d3a79f1ac1a4aec1ed49]: Words in s. 10(3) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 369(4) (with Sch. 7)

[^key-b4f17604b9bde4894c785664896f3be5]: Words in s. 42(4) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 373(5)(a)(ii) (with Sch. 7)

[^key-b4f295453d20723ccf419c28d6802a95]: Ss. 47-52 functions cease to be exercisable (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 8 (with art. 24)

[^key-b55e6772a6d45d40f6cf3762cdbd6e07]: S. 66(7A) inserted (21.5.2016) by Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 6(3)

[^key-b5e85a287daf0d502132299f9c8d4290]: Words in s. 111(4)(b) inserted (3.12.2012) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging Schemes) Regulations 2012 (S.I. 2012/2788), regs. 1, 8(4)(b)

[^key-b64e87443f3bde4847b740f7b63ede43]: Sch. 22 para. 29(34) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

[^key-b64f570b874a4234a2ad46f0fc71bb0e]: Words in Sch. 18 para. 3 inserted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), ss. 46(4)(b)(i), 61(2); S.S.I. 2014/160, art. 2(1)(2) and words in Sch. 18 para. 3 inserted (E.W.) (9.1.2022) by Environment Act 2021 (c. 30), s. 147(2)(h), Sch. 10 para. 6(3) (with s. 144)

[^key-b6539614d8ebb3a2ffcc7c49393c24aa]: S. 41(1)(e) and word inserted (3.12.2007) by The Persistent Organic Pollutants Regulations 2007 (S.I. 2007/3106), regs. 1, 9(1)(b)

[^key-b6695e28859d049bde3105a32db79d45]: Sch. 14 para. 9(1) modified (W.) (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (S.I. 2017/567), reg. 1(2), Sch. 8 para. 8(6)(a) (with regs. 1(4), 55(2)(3), 63, 65)

[^key-b6a01342240ff9a3faea252b321627e3]: Words in s. 108(15) repealed (26.2.2015) by The Regulatory Reform (Scotland) Act 2014 (Consequential Modifications) Order 2015 (S.I. 2015/374), arts. 1(1), 6(3)

[^key-b6a49eff07d7e296033dc05c2b3af737]: S. 2(3) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

[^key-b6bc9e3c93d5b63b870765a2ae154dd4]: S. 102 repealed (1.4.2010 for W., 1.4.2011 for E.) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 22 Pt. 4; S.I. 2010/630, art. 3(b) (with arts. 8, 12); S.I. 2011/556, art. 2(2)(o) (with art. 2(3))

[^key-b6cf4c611d3ec6caaf8d0c4bace02d59]: Words in s. 88(3) inserted (1.5.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 11 para. 12 (with s. 144); S.I. 2022/48, reg. 4(c)

[^key-b7d9e878bd16abb16e7de3e002e1c536]: Sch. 22 para. 214 repealed (S.) (1.9.2018) by The Environmental Authorisations (Scotland) Regulations 2018 (S.S.I. 2018/219), reg. 1, sch. 7 para. 1 (with reg. 78, sch. 5 para. 2)

[^key-b8376dff646df5bd3cc6e10b7027c463]: Word in Sch. 20 para. 4(3) omitted (S.) (1.4.2006) by virtue of The Water Environment (Consequential and Savings Provisions) (Scotland) Order 2006 (S.S.I. 2006/181), sch. Pt. 4 para. 8(6)(a)

[^key-b85a83295cf9960ec12a8cf5a77c831c]: Sch. 14 para. 9(1) modified (E.) (24.8.2011) by The Town and Country Planning (Environmental Impact Assessment) Regulations 2011 (S.I. 2011/1824), regs. 1(1), 50(5)(a)

[^key-b896ab9e24ec28998a43747d9d949b55]: Sch. 8 para. 1(1A) inserted (W.) (15.12.2010) by Playing Fields (Community Involvement in Disposal Decisions) (Wales) Measure 2010 (nawm 6), ss. 3(2), 5(2)

[^key-b9c1ea618fa2a03b0301b18c189fe304]: Sch. 7 para. 11(1)(2) repealed (30.4.2012) by Local Government (Wales) Measure 2011 (nawm 4), s. 178(3), Sch. 3 para. 3, Sch. 4 Pt. F; S.I. 2012/1187, art. 2(1)(q)(2)(m)

[^key-ba942faee2d5a0fe910b2e75bdf6605c]: Sch. 14 para. 9(2) modified (E.) (24.8.2011) by The Town and Country Planning (Environmental Impact Assessment) Regulations 2011 (S.I. 2011/1824), regs. 1(1), 50(5)(b)

[^key-bb1a90d9c4d622ae9f789c04ef635c68]: S. 51(1A) inserted (S.) (1.1.2015) by Revenue Scotland and Tax Powers Act 2014 (asp 16), s. 260(2), sch. 4 para. 2(2)(a) (with ss. 257-259); S.S.I. 2014/370, art. 2

[^key-bb771f1f9b74c2d0da8736b435a82e62]: Sch. 22 para. 88 in force at 1.4.2003 for specified purposes for S. by S.S.I. 2003/206, art. 2(b)

[^key-bc07fd0947bc35ba7c10ec7079065978]: Sch. 13 para. 11(2) modified (E.) (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (S.I. 2017/571), regs. 1(1), 55(5)(b) (with regs. 47, 70)

[^key-bc99980765be0be57e0142eed222713d]: S. 94A ceases to have effect (1.5.2004) by virtue of The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 2 para. 7(3) (with reg. 6(2))

[^key-bc99f756b1a261faa3136a7ed800fcfa]: Word in s. 42(3) substituted (3.12.2012) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging Schemes) Regulations 2012 (S.I. 2012/2788), regs. 1, 6(3)

[^key-bd7c56937b4362b763a6ce08c75dbca0]: S. 85(5)(a) substituted (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 3(7)(b) (with reg. 8(1)(2)) (as amended by S.I. 2020/1540, regs. 1(3), 12(5)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-bd8b01c0ccd33da6b3e93ba9fb2d8d6b]: S. 21(1)(a)(i) repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 29(2)(a)(i); S.S.I. 2014/160, art. 2(1)(2)

[^key-be0971d3a9e1c84d63e6a386bea28fe5]: Sch. 22 para. 83 repealed (E.W.) (6.4.2008) by The Environmental Permitting (England and Wales) Regulations 2007 (S.I. 2007/3538), reg. 1(1)(b), Sch. 23 (with reg. 72, Sch. 4)

[^key-be483daf0fe77d3ec059677860a0f62c]: Words in s. 42(3) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 373(4)(a) (with Sch. 7)

[^key-beaa98a1275ccac97b361e3aac718d1d]: Words in s. 40(2) omitted (31.12.2020) by virtue of The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 3(2)(a)(i) (with reg. 8(1)(2)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-bec1e8969e6cbad7cde3edd2f9e15b81]: S. 41(10A) inserted (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 16(3) (with arts. 24, 28)

[^key-bf462cc3b3f0a1abc71d4efa8e34f244]: Sch. 22 para. 29(7) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

[^key-bf6dec5e38570bb436f6ea85cad03ef6]: S. 41(1)(cc) inserted (24.1.2022 for E., 7.3.2022 for W.) by Environment Act 2021 (c. 30), s. 60(5) (with s. 144); S.I. 2022/48, reg. 2(j); S.I. 2022/223, regs. 1(2), 2(b)

[^key-bf9f180dca38f17d43652f5b00589063]: Words in s. 108(2) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 382(2) (with Sch. 7)

[^key-c0a78a6d6e60aef0ce3139f2792251b0]: Words in s. 41A(2)(b) substituted (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 17(4)(a) (with art. 24)

[^key-c0aa7cafd386a3637d71419fd3b3f894]: Word in s. 41(1)(c) omitted (3.12.2007) by virtue of The Persistent Organic Pollutants Regulations 2007 (S.I. 2007/3106), regs. 1, 9(1)(a)

[^key-c0d0e9129052916e492e3549b824f715]: Words in Sch. 15 para. 2(4)(c)(ii) omitted (E.W.) (27.3.2009) by virtue of The Aquatic Animal Health (England and Wales) Regulations 2009 (S.I. 2009/463), reg. 1(2), Sch. 2 para. 9(c)(i) (with reg. 2(2)) and words in Sch. 15 para. 2(4)(c)(ii) omitted (S.) (27.3.2009) by virtue of The Aquatic Animal Health (Scotland) Regulations 2009 (S.S.I. 2009/85), reg. 1(2)(c), sch. 2 para. 9(c)(i) (with reg. 2.)

[^key-c0fbb9e1bb9afeab1ad46b669f193b8b]: Sch. 22 para. 29(4)(a) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

[^key-c10bf040731ea23fb7cd3b69f1a2319e]: Sch. 22 para. 88 in force at 1.1.2005 for E.W. by S.I. 2006/934, art. 2(a)

[^key-c1ada51941f8b435b4249cbe03284cb4]: Sch. 14 para. 9(1) modified (E.) (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (S.I. 2017/571), regs. 1(1), 55(5)(a) (with regs. 47, 70)

[^key-c1d3a162a775ed2ba2022b741fea02d0]: S. 3(2)-(7) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

[^key-c1f4f9c4041da1bb938bf0d786f04838]: Words in s. 41(1)(f) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 372(2)(e) (with Sch. 7)

[^key-c292479360842d5e643c76f500294cc6]: Sch. 22 para. 217 repealed (S.) (1.9.2018) by The Environmental Authorisations (Scotland) Regulations 2018 (S.S.I. 2018/219), reg. 1, sch. 7 para. 1 (with reg. 78, sch. 5 para. 2)

[^key-c2aea7038a7d0f42d5fa6c07fe73caeb]: Sch. 22 para. 29(31) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

[^key-c2b5c23d3c84ee070e0adec60f1f87cb]: S. 33 title substituted (S.) (30.6.2014) by virtue of Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 14(6); S.S.I. 2014/160, art. 2(1)(2)

[^key-c3df8149245928347c860f6292b25126]: S. 108 applied (with modifications) (1.4.2018) by The Control of Mercury (Enforcement) Regulations 2017 (S.I. 2017/1200), regs. 2(2), 9(4)(5) (with reg. 1(2))

[^key-c490b5ed4909e4d2b703fd8301d056d4]: Sch. 22 para. 85 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

[^key-c49118349a8e63dac4777d1cb4345c4c]: Words in s. 41A(5) inserted (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 17(6)(a) (with art. 24)

[^key-c50feed435ac5dc4d5f623571ea8b7eb]: S. 41A(1)(a) substituted (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 3(4); 2020 c. 1, Sch. 5 para. 1(1)

[^key-c51ffacdad7766697dcfd5aa1764ef08]: S. 108(4) modified (16.3.2007) by The Producer Responsibility Obligations (Packaging Waste) Regulations 2007 (S.I. 2007/871), regs. 1(1), 35(2)

[^key-c52896a088a13b62f00fe53ed70db3b0]: S. 41(1)(ba) inserted (E.W.) (1.10.2011) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 4 para. 39 (with s. 49(1)(6)); S.I. 2011/2204, art. 3(1)(h)

[^key-c5b235bc37ee85016af8284bd71eb982]: S. 34(3)(4) repealed (S.) (1.4.2006) by The Water Environment (Consequential and Savings Provisions) (Scotland) Order 2006 (S.S.I. 2006/181), art. 1, sch. Pt. 1 (with sch. Pt. 3)

[^key-c5de7e937e2eca8dc70e2cd2358ca65c]: Words in s. 111(4)(a) inserted (3.12.2012) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging Schemes) Regulations 2012 (S.I. 2012/2788), regs. 1, 8(4)(a)(i)

[^key-c64b0707828f220669b7b7b4d08eb06f]: Sch. 22 para. 1 repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 29(10)(a); S.S.I. 2014/160, art. 2(1)(2)

[^key-c64ec64f10efdb3bf6ba28132510b46c]: Words in s. 110(5H) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1

[^key-c7334d10f3a44742768d9bdbe4301166]: S. 42(3A) inserted (3.12.2012) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging Schemes) Regulations 2012 (S.I. 2012/2788), regs. 1, 6(4)

[^key-c7547aa25835ca2961173dfec3ef9e0f]: Words in s. 66(7)(a) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 376 (with Sch. 7)

[^key-c75c7fec729629da43bf91d2ffbeff0f]: S. 5(5)(i) inserted (1.4.2015 for S.) by Pollution Prevention and Control Act 1999 (c. 24), s. 7(3), Sch. 2 para. 15; S.S.I. 2015/74, art. 2(1)

[^key-c8bc73efc85b532f3f15e18983232384]: Sch. 14 para. 3(A1) inserted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), s. 35(1), Sch. 3 para. 6(2) (with s. 10); S.I. 2013/1488, art. 3(d)

[^key-c8e09af28960c637d1b2bf329d2c4e1e]: S. 40(4)(a) substituted (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 3(2)(b)(ii) (with reg. 8(1)(2)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-c8e9dd5a6551520b8c38ad516ba50ef6]: S. 31: transfer of functions (10.7.2008) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2008 (S.I. 2008/1776), arts. 1(1), 2, Sch.

[^key-c8fbbbc9daca5356274a6bf60a53f6d6]: S. 35 repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), s. 59(2), Sch. 7 para. 10(1) (with s. 55(2)); S.S.I. 2004/495, art. 2

[^key-c98bde970b66da9650951a4b496ecca0]: S. 41 applied (S.) (13.11.2014) by The Sulphur Content of Liquid Fuels (Scotland) Regulations 2014 (S.S.I. 2014/258), reg. 1(1), sch. para. 8 (with reg. 3)

[^key-c99e7e83ef1900421ff0d30c807863de]: Words in Sch. 7 para. 4(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 386 (with Sch. 7)

[^key-c9d7bf3b06479e18963e01b4e01646e5]: Words in s. 56(1) repealed (E.W.) (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 26 para. 13(4), Sch. 28 (with reg. 1(2), Sch. 4)

[^key-ca8b7f4529fd1bd9ff3fc98143b989bf]: Words in s. 111(3) substituted (3.12.2012) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging Schemes) Regulations 2012 (S.I. 2012/2788), regs. 1, 8(3)(b)

[^key-ca8d9c933c7cf2c61249e2b9cbe67717]: Sch. 22 paras. 227, 228 repealed (E.W.) (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 28 (with reg. 1(2), Sch. 4)

[^key-caaeaffdc2409dabb8198d8ae85f4725]: Word in s. 33(5) omitted (S.) (1.4.2006) by virtue of The Water Environment (Consequential and Savings Provisions) (Scotland) Order 2006 (S.S.I. 2006/181), sch. Pt. 4 para. 8(2)(b)

[^key-cac50d011b44b6a362d904950033d0b5]: S. 22(2)-(8) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

[^key-cae2b9789ce6b1bbd745bd712a4129fc]: Words in s. 108(15) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 382(3)(b)(iii) (with Sch. 7)

[^key-cba97c2c58be6b6780ad2edba6fbcfdd]: Words in s. 56 inserted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 5(2); S.S.I. 2014/160, art. 2(1)(2)

[^key-cbd8e5fe366df92bdc8d02dedd21b9c5]: S. 108 applied (E.) (1.3.2009) by The Environmental Damage (Prevention and Remediation) Regulations 2009 (S.I. 2009/153), regs. 1(1), 31(2)

[^key-cc42670980c50a18495c55cddeb994dd]: S. 25 repealed (S.) (26.11.2009) by Flood Risk Management (Scotland) Act 2009 (asp 6), s. 97(1), sch. 3 para. 7 (with s. 91); S.S.I. 2009/393, art. 2, sch.

[^key-cc949e45d5817528371383340717e503]: S. 111(6) repealed (1.4.2015 for S.) by Pollution Prevention and Control Act 1999 (c. 24), s. 7(3), Sch. 3; S.S.I. 2015/139, art. 3(a)

[^key-ccd67c744e9b75215c2f92fb2baa7d63]: Word in Sch. 6 para. 7(b) substituted (6.4.2016) by The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Bankruptcy) and the Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/481), reg. 1, Sch. 1 para. 18

[^key-cce02005746d55bfa9b5943cb941e224]: S. 108 extended (12.7.2007) by The Transfrontier Shipment of Waste Regulations 2007 (S.I. 2007/1711), reg. 1, Sch. 5 para. 1 (with reg. 3)

[^key-cd374ac76bf290356963fdb47daa4460]: Words in Sch. 9 para. 15 substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 68 (with s. 20(2), Sch. 8)

[^key-cda4a102b05780319fbd483096bf9634]: Words in s. 108(15) substituted (E.W.) (6.4.2016) by The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2016 (S.I. 2016/475), reg. 1(2), Sch. 3 para. 3(3)(d)(i) (with regs. 31-33)

[^key-cf760fb28584c525e53abc1d744bd6e6]: Words in Sch. 11 para. 1(1)(b) repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 29(8)(a); S.S.I. 2014/160, art. 2(1)(2) and omitted (E.W.) (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(q), Sch. 13 para. 8(2)(c)

[^key-cfeedeaf7e0ad476d2241c9ad545a3de]: Words in s. 10(5) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 369(5)(b) (with Sch. 7)

[^key-d04df12fae75b2fe535cad7964e61261]: Sch. 22 paras. 202-206 repealed (S.) (1.9.2018) by The Environmental Authorisations (Scotland) Regulations 2018 (S.S.I. 2018/219), reg. 1, sch. 7 para. 1 (with reg. 78, sch. 5 para. 2)

[^key-d06a6d0819716c9c4f30cc513c71aa73]: Sch. 14 paras. 2A, 2B and cross-headings inserted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), s. 35(1), Sch. 3 para. 5 (with s. 10); S.I. 2013/1488, art. 3(d)

[^key-d09d9c8ebf1b53a2e238c61555b2b69f]: Words in s. 56(1) omitted (24.1.2022 for specified purposes, 7.3.2022 for W. for specified purposes, 9.11.2022 for S. for specified purposes) by virtue of Environment Act 2021 (c. 30), s. 64(3)(b) (with s. 144); S.I. 2022/48, reg. 2(l); S.I. 2022/223, regs. 1(2), 2(c); S.S.I. 2022/305, reg. 2(b)

[^key-d0a93fa77173666a21defe636135786c]: Words in s. 66(7)(a) substituted (21.1.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(1)(e), Sch. 9 para. 34(2)

[^key-d16530e6dfe93acb845cee6588cb2478]: Words in s. 41A heading substituted (1.1.2012) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (Registries and Fees etc.) Regulations 2011 (S.I. 2011/2911), reg. 1(1), Sch. para. 23(a) (with Sch. para ss. 33-36)

[^key-d16e9838c2b130dd00469b1c257f7f4c]: Sch. 22 paras. 19-27 repealed (1.4.2015 for S. in so far as not already repealed by Statute Law Repeals Act 2004 (c. 14)) by Environment Act 1995 (c. 25), s. 125(3), Sch. 24 (with ss. 7(6), 115, 117); S.S.I. 2015/73, art. 2(2)(c)(d)

[^key-d3ebb0eccd0e16df10f47bcaeda9932f]: Words in s. 54 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 21 para. 117, Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h)(i)(ix)

[^key-d3f5f2b1131448280f947a7838dae898]: Word in Sch. 14 para. 12(2)(a) omitted (25.6.2013) by virtue of Growth and Infrastructure Act 2013 (c. 27), s. 35(1), Sch. 3 para. 9(4)(a) (with s. 10); S.I. 2013/1488, art. 3(d)

[^key-d45e718cdb92a8720168c0f322643174]: Sch. 1: transfer of functions (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 5 (with art. 24)

[^key-d4f9d2571b47a8293f788788d8d95a66]: S. 122 applied (E.W.) (10.4.2017) by The Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 (S.I. 2017/407), regs. 1(a), 36(2) (with reg. 1(c))

[^key-d50de57412693f7377cd5cf529d3c67e]: Pt. 4 applied (E.W.) (1.2.2005) by Local Authorities' Plans and Strategies (Disapplication) (England) Order 2005 (S.I. 2005/157), arts. 1, 8(2)(a)

[^key-d529988f6461459dae3cbdaabe09791c]: Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 4 (with art. 3(2)(3), 4(2), 6(4)(5))

[^key-d59257b8a8545af7849fd254323e7646]: Words in s. 56(1) omitted (31.12.2020) by virtue of The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 3(5)(c); 2020 c. 1, Sch. 5 para. 1(1)

[^key-d59ce5fa9cdb3dbdd85b0fa800a49837]: Sch. 22 para. 179 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

[^key-d69c0a887c391633aa367450ee458fe6]: S. 46(2)(b) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 19 (with arts. 6, 11, 12)

[^key-d6c50a24c10e62a90763a337077474de]: Sch. 22 para. 29(26) repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 29(10)(b)(ii); S.S.I. 2014/160, art. 2(1)(2)

[^key-d6f4e66885e961b2ab95144611c1c9f3]: S. 113 functions made exercisable concurrently (8.5.2017) by The West Midlands Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/510), arts. 1(2), 17

[^key-d7056a43aee6701bf72788e16bdb1062]: Words in Pt. I Ch. III heading inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 370 (with Sch. 7)

[^key-d77730337e762e44e7e78d4bc05fd994]: S. 53(4) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 374(4) (with Sch. 7)

[^key-d857521e7c073bcafad4c4d19b745407]: Sch. 7 para. 9 repealed (22.5.2012) by Local Government Act 2000 (c. 22), s. 108(3)(b)(c), Sch. 6; S.I. 2012/1358, art. 2(b)(iv)

[^key-d87b2a2fca7f2e5aaf9efa76f056643a]: Words in s. 42(3A) substituted (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 18(2) (with art. 24)

[^key-d8a2d9694ed06366c4a9fa6b4df2e7ce]: Sch. 14 para. A1 and cross-heading inserted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), s. 35(1), Sch. 3 para. 2 (with s. 10); S.I. 2013/1488, art. 3(d)

[^key-d91d5ce1fbe2016c7599e563b80ac836]: Words in s. 108(15) inserted (E.W.) (1.7.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 2 para. 3(3) (with s. 97)

[^key-d95fbfb3c0dca88a9dd92ad9e179a20d]: S. 43 renumbered as s. 43(1) (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 43(7)(a); S.S.I. 2014/160, art. 2(1)(2)

[^key-d973db49094308942e617f7a2cb852a4]: Words in s. 8(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 366(2)(c)(ii) (with Sch. 7)

[^key-da102be32c80f4ce21cbd47359f87329]: S. 21(1)(f) repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 29(2)(a)(iii); S.S.I. 2014/160, art. 2(1)(2)

[^key-da126d54b9b47f83959a0ae306113e12]: Sch. 22 para. 1(9) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

[^key-da6f5475335aad2634c0e9c8f2d6e740]: Words in s. 91(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 380 (with Sch. 7)

[^key-dad12412896020f1447acbd23d62c236]: Sch. 22 para. 195 omitted (E.W.) (12.3.2015) by virtue of The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 98 (with reg. 5(1))

[^key-dad2d1568da249b6c12fc3d0f6d85ccb]: S. 87(2A) inserted (1.5.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 11 para. 11(3) (with s. 144); S.I. 2022/48, reg. 4(c)

[^key-dadd7aca4c5cf577bb12448f829c81f4]: S. 41(2A) omitted (6.4.2010) by virtue of The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2009 (S.I. 2009/3381), regs. 1(1)(b), 13(2)(a) (with regs. 1(2), 16(2))

[^key-dba799300e9125c4512b30dbcd82eeca]: Word in s. 10(1)(b) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 369(2)(d) (with Sch. 7)

[^key-dbf0f28d3025700da8ed1159427dd2fa]: Sch. 13 para. 9(9) excluded (W.) (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (S.I. 2017/567), reg. 1(2), Sch. 8 para. 8(1) (with regs. 1(4), 55(2)(3), 63, 65)

[^key-dcc0648ab2cd0f7c19f36de1c39db6c6]: S. 33(5)(i) and word inserted (S.) (1.4.2006) by The Water Environment (Consequential and Savings Provisions) (Scotland) Order 2006 (S.S.I. 2006/181), sch. Pt. 4 para. 8(2)(c)

[^key-dd0613ad046f0ad787746cf6061075f7]: Words in s. 42(6) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 373(7)(b) (with Sch. 7)

[^key-dd1dca47906996579362935bd5649800]: Words in Sch. 20 para. 5(1)(c) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 387 (with Sch. 7)

[^key-dd2e42c01a86c696aff715afb9efb4b1]: S. 41(1)(ca)(cb) inserted (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 3(3)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

[^key-dd4efb94d05210f9a8ffafd1dc00c979]: S. 38 functions cease to be exercisable (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 6 (with art. 24)

[^key-dd80a4db14131107d105e5ef939d7665]: Sch. 22 para. 131 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

[^key-ddeadb3c8ce307daf1a58aa76d517fc6]: S. 41(1)(da) inserted (9.1.2022) by Environment Act 2021 (c. 30), ss. 58(4), 147(2)(g) (with s. 144)

[^key-de013a65491ceaeab7cb7d923131252f]: S. 1: transfer of functions (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 5 (with art. 24)

[^key-de1435d894b3ada6e10fe1c65a76c665]: S. 108(15) modified (W.) (10.12.2006) by The Radioactive Contaminated Land (Modification of Enactments) (Wales) Regulations 2006 (S.I. 2006/2988), regs. 1(2), 18

[^key-de2012a200c63d107a8aebd4c04319f0]: Words in s. 56(1) omitted (3.12.2012) by virtue of The Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging Schemes) Regulations 2012 (S.I. 2012/2788), regs. 1, 7(a)(ii)

[^key-de4e1b0e3befd69a79ebe7ee5b90c417]: Words in s. 86(7)(c) omitted (1.5.2022) by virtue of Environment Act 2021 (c. 30), s. 147(3), Sch. 11 para. 9(7)(c)(ii) (with s. 144); S.I. 2022/48, reg. 4(c)

[^key-de671768acb0a07331b2c606e1640dd5]: Words in s. 41A(1) substituted (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 17(2)(a) (with art. 24)

[^key-dead23548c1e1aab58643fa2e1055e54]: Sch. 18 paras. 2-6 applied (with modifications) (16.3.2007) by The Producer Responsibility Obligations (Packaging Waste) Regulations 2007 (S.I. 2007/871), regs. 1(1), 35(5)

[^key-df0091f5a947d46797c6f939db5708f6]: S. 6(5A) inserted (E.W.) (14.7.2017) by Environment (Wales) Act 2016 (anaw 3), s. 88(3)(c), Sch. 2 para. 22(b); S.I. 2017/714, art. 2

[^key-df320a37f145eebd4753f4a5d01ef69e]: Words in s. 41(1)(e) substituted (12.8.2019) by The Persistent Organic Pollutants (Various Amendments) Regulations 2019 (S.I. 2019/1099), regs. 2(2), 3

[^key-e0726c1de399c5fe3d84ad76feba319c]: Sch. 23 para. 8 repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 29(11)(c); S.S.I. 2014/160, art. 2(1)(2)

[^key-e12b0ac7c24d6648f5647afc1be10b05]: S. 108 modified (24.3.2012) by The Bathing Water Regulations 2008 (S.I. 2008/1097), regs. 1(3)(e), 16(4)

[^key-e26ca031ce2fdc6e8917adbc31470d1c]: Words in s. 4(9) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 362(5)(b) (with Sch. 7)

[^key-e27c8c94905a50f00af633bb85e0c1cc]: Words in s. 6(2) omitted (1.4.2013) by virtue of The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 365(3) (with Sch. 7)

[^key-e27cbfa2598540476b2ede96cf22b704]: S. 42(10A) inserted (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 20(5) (with art. 24)

[^key-e2c5fbd4733438a9b907fde46fb607a8]: Words in Sch. 24 repealed (S.) (1.10.2009) by Public Health etc. (Scotland) Act 2008 (asp 5), s. 128(2), sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), sch. 1

[^key-e33a253751f4c44431f834110827e644]: Words in Sch. 20 para. 4(3)(b) repealed (1.4.2015 for S.) by Pollution Prevention and Control Act 1999 (c. 24), s. 7(3), Sch. 3; S.S.I. 2015/139, art. 3(d)

[^key-e34ed1647c4194d238ce148f6e60b88a]: S. 123(1)-(5) applied (E.W.) (1.10.2008 for E.) by Commons Act 2006 (c. 26), ss. 46(10), 56 (with s. 60); S.I. 2008/1960, art. 2(2)

[^key-e35a7ace69434a1e2d49e4898e980f29]: Words in s. 33(2)(b) repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 14(5)(b)(iii); S.S.I. 2014/160, art. 2(1)(2)

[^key-e3ba3c06b408ecb2f9dd7e7127ef7408]: Words in s. 84(2) substituted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), ss. 49(b), 61(2); S.S.I. 2014/160, art. 2(1)(2) and substituted (E.W.) (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(q), Sch. 13 para. 7(b)

[^key-e3d27a13cd48c088a383624cc83278d8]: S. 113(1)(d) and word inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 384(2)(d) (with Sch. 7)

[^key-e5302301bfc5966ef5e99ebc161e7747]: Words in s. 108(15) substituted (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 3(12)(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-e5c30c3e24504e25304c34f27ffcc2a6]: S. 66(10) substituted (21.1.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(1)(e), Sch. 9 para. 34(3)

[^key-e60415933535db3c5285fc03ee18d5a3]: S. 108 extended (20.7.2011) by The Environmental Protection (Controls on Ozone-Depleting Substances) Regulations 2011 (S.I. 2011/1543), regs. 1(2), 8(3) (with reg. 1(3))

[^key-e6217192f308c2b3def49eebfc6627f1]: Sch. 15 para. 8 repealed (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 22 Pt. 5(B); S.I. 2009/3345, art. 2, Sch. para. 27(b)

[^key-e64242e1ee931de958e0f431a5e29211]: Sch. 15 para. 24 repealed (1.4.2010 for W., 1.4.2011 for E.) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 22 Pt. 4; S.I. 2010/630, art. 3(b) (with arts. 8, 12); S.I. 2011/556, art. 2(2)(o) (with art. 2(3))

[^key-e7b2847b51d52aa9fc4e7b9c578e20d8]: Sch. 13 para. 11(1) modified (E.) (24.8.2011) by The Town and Country Planning (Environmental Impact Assessment) Regulations 2011 (S.I. 2011/1824), regs. 1(1), 50(5)(a)

[^key-e7bab245f27b098f0dd91ab9dc9a37c2]: S. 21(1)(c) repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 29(2)(a)(iii); S.S.I. 2014/160, art. 2(1)(2)

[^key-e7e5bb930aa5ef167f619dcaecbd2829]: Ss. 86A, 86B substituted for s. 86A (1.5.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 11 para. 10 (with s. 144); S.I. 2022/48, reg. 4(c)

[^key-e884362a4c2f6343964b90bcad9b13ee]: Sch. 22 para. 12(2) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

[^key-e8a0d78268d874a4fae72c1470b5ae1f]: Words in s. 108(15) inserted (E.W.) (9.1.2022) by Environment Act 2021 (c. 30), s. 147(2)(h), Sch. 10 para. 5(6)(c) (with s. 144)

[^key-e8ee56d6b1d99f0ba90fcfa6d23967eb]: Sch. 22 para. 29(25) repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 29(10)(b)(ii); S.S.I. 2014/160, art. 2(1)(2)

[^key-e8ef1e31c67e343f31e5843b25985801]: Words in s. 110(4)(a) inserted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 29(6)(b)(i) (with sch. 3 para. 30); S.S.I. 2014/160, art. 2(1)(2)

[^key-e9307fe058a93cad6d11b81db69a5208]: Sch. 22 para. 30(8) repealed (S.) (26.2.2015) by The Regulatory Reform (Scotland) Act 2014 (Consequential Modifications) Order 2015 (S.I. 2015/374), arts. 1(1), 6(4)

[^key-e9672d7081a201d7f677c008d4bdfeae]: S. 108 applied (E.) (19.7.2015) by The Environmental Damage (Prevention and Remediation) (England) Regulations 2015 (S.I. 2015/810), regs. 1(1), 31(2) (with regs. 4-8)

[^key-e96f3612da7139134c7e4e2d39f2ec87]: S. 116 in force for specified purposes at 1.1.2018 by S.I. 2017/1045, art. 2(a)

[^key-e97158bb93001fef80bdd1056ad30a95]: Words in s. 56(1) repealed (S.) (1.9.2018) by The Environmental Authorisations (Scotland) Regulations 2018 (S.S.I. 2018/219), reg. 1, sch. 7 para. 1 (with reg. 78, sch. 5 para. 2)

[^key-ea5648bbbebd81a10081452b5982bea9]: Words in s. 10 heading inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 369(6) (with Sch. 7)

[^key-eb26738c54d911afc0d09e0c162eadcf]: Words in s. 72(2) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 144; S.I. 2006/2541, art. 2 (with Sch.)

[^key-eb7338a2c6a4eb4df699a28d17ed1c0b]: Sch. 22 paras. 208-212 repealed (S.) (1.9.2018) by The Environmental Authorisations (Scotland) Regulations 2018 (S.S.I. 2018/219), reg. 1, sch. 7 para. 1 (with reg. 78, sch. 5 para. 2)

[^key-eba9e98c583263128826a7febf7879b0]: S. 108A inserted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), ss. 46(3), 61(2); S.S.I. 2014/160, art. 2(1)(2)

[^key-ebc0f7d5cc2fcd0c906ab33e43f3df6f]: Words in s. 8(1) omitted (1.4.2013) by virtue of The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 366(2)(a)(i) (with Sch. 7)

[^key-ebf1ce822be28ef19db913f26bb27908]: Words in s. 53(2)(a) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 374(3)(a) (with Sch. 7)

[^key-ec4937d34e7332b32f526669e8135546]: S. 82 functions made exercisable concurrently (E.W.) (8.5.2017) by The West Midlands Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/510), arts. 1(2), 17

[^key-eca39c9074c33357b85ef1a7ab597c7f]: Words in s. 6(7) omitted (1.4.2013) by virtue of The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 365(8) (with Sch. 7)

[^key-ecc6bdc742af3f696f466fd22c83faf5]: Words in s. 53(2) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 374(3)(c) (with Sch. 7)

[^key-ecf0be4987ad64d8c2f0f4f180be657d]: S. 122 applied (E.W.) (2.1.2004) by The Water Environment (Water Framework Directive) (England and Wales) Regulations 2003 (S.I. 2003/3242), regs. 1(a), 20(2) (with reg. 1(c))

[^key-ecffa848898be886c2c086d80e0d3468]: Sch. 22 para. 88 in force at 1.1.2005 for S. in so far as not already in force by S.S.I. 2004/541, art. 2(a)

[^key-ee041e5ea8f77a1bc0ebf7e32d7f9f82]: Words in s. 41A(1C) inserted (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 17(3)(b) (with art. 24)

[^key-ef1fdff4ffa324d33a89484b8107010b]: Sch. 14 para. 9(1) modified (W.) (8.1.2010) by The Town and Country Planning (Environmental Impact Assessment) (Undetermined Reviews of Old Mineral Permissions) (Wales) Regulations 2009 (S.I. 2009/3342), regs. 1(2), 45

[^key-ef28186b0961cb5a68802bd0bc8325a0]: S. 51(6) inserted (S.) (1.1.2015) by Revenue Scotland and Tax Powers Act 2014 (asp 16), s. 260(2), sch. 4 para. 2(2)(b) (with ss. 257-259); S.S.I. 2014/370, art. 2

[^key-ef744d2ae6478d35cc815437ab92139b]: Sch. 3 repealed (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), arts. 1(2), 9(2) (with Sch. 7)

[^key-eff070f7e10e1bcb33a320726279a170]: Words in s. 108(5) inserted (E.W.) (6.4.2016) by The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2016 (S.I. 2016/475), reg. 1(2), Sch. 3 para. 3(3)(c) (with regs. 31-33)

[^key-eff2a400113f333f838aedc9867abe98]: S. 41(1A) inserted (24.1.2022) by Environment Act 2021 (c. 30), ss. 62(10)(b), 147(3) (with s. 144); S.I. 2022/48, reg. 2(k)

[^key-f02b52de6277d72b05dbb6b58d7a663b]: Words in s. 42(9) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 373(8) (with Sch. 7)

[^key-f0b050a7b6e2a0b90d5c75c450c686dc]: S. 113(1A) inserted (S.) (1.1.2015) by Revenue Scotland and Tax Powers Act 2014 (asp 16), s. 260(2), sch. 4 para. 2(3)(a) (with ss. 257-259); S.S.I. 2014/370, art. 2

[^key-f0e57f19e58ef3a3c69f0f508d24dcaf]: Sch. 22 para. 12(1)(b) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

[^key-f0f1e7e7685e7db9df946982e0a4c951]: Words in Sch. 4 para. 1(4) inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 68(3)(a), 105(3); S.I. 2004/641, art. 3(q) (with Sch. 3 para. 7)

[^key-f113d6960d478610a4328f98a919c169]: Words in s. 41A(2) substituted (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 17(4)(b)(i) (with art. 24)

[^key-f18be20189848859f3f983f22050a0fe]: Sch. 22 para. 29(16) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

[^key-f1914aa707aec213e45b77ecb9276344]: Words in s. 108(15) inserted (E.W.) (9.1.2022) by Environment Act 2021 (c. 30), s. 147(2)(h), Sch. 10 para. 5(6)(b) (with s. 144)

[^key-f195d745c7e47fb67a566febdd4de11c]: S. 40(9)-(11) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 371 (with Sch. 7)

[^key-f1fd4ceacb99646cbd491d97f2e64644]: Words in s. 33(2) substituted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 14(5)(b)(iv); S.S.I. 2014/160, art. 2(1)(2)

[^key-f26c0d18e685198666c250ee9f93b123]: S. 21(1)(d) repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 29(2)(a)(iii); S.S.I. 2014/160, art. 2(1)(2)

[^key-f2b7055819901cbac46cb93eac77ae3e]: Word in s. 39(1) substituted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 14(9)(a); S.S.I. 2014/160, art. 2(1)(2)

[^key-f3806ddead02bdebaf1176520b893a24]: Words in s. 84 heading inserted (1.5.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 11 para. 7(2) (with s. 144); S.I. 2022/48, reg. 4(c)

[^key-f45f325ac92b8dfc8ea64b1687dabd86]: Pt. I Ch. 1A heading inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 363(1) (with Sch. 7)

[^key-f47951f79151b185e4770394753bed84]: Sch. 22 para. 27(b)(c) in force at 1.1.2005 for E.W. by S.I. 2006/934, art. 2(a)

[^key-f499dd1fdf4ed289b28a27373450e588]: Words in s. 41A(5) substituted (3.12.2012) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging Schemes) Regulations 2012 (S.I. 2012/2788), regs. 1, 5(5)

[^key-f4b8afa80ddebadfc4b4a02005387d29]: Words in s. 4(2) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 362(2)(b) (with Sch. 7)

[^key-f5477cd938bbf9def0b11c6e2372d60e]: S. 40 modified (E.W.) (2.1.2004) by The Water Environment (Water Framework Directive) (England and Wales) Regulations 2003 (S.I. 2003/3242), regs. 1(a), 20(1) (with reg. 1(c))

[^key-f5a4d0f524f1818e6e3c618f321d9ac5]: Words in s. 111(5) substituted (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 3(13); 2020 c. 1, Sch. 5 para. 1(1)

[^key-f5e8628618f5368d3a9b27bec41c535a]: S. 42(3)(c)(d) inserted (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 20(2) (with art. 24)

[^key-f6450245fc98b6bbbf0a91bef6704978]: S. 21(1)(a)(iv) repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 29(2)(a)(i); S.S.I. 2014/160, art. 2(1)(2)

[^key-f663e706898d9a7b3eade0c0b4376fdc]: S. 20A inserted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), ss. 51, 61(2); S.S.I. 2014/160, art. 2(1)(2)

[^key-f692fac1654d8472657c7f07008dd36b]: S. 85(5) applied (9.9.2003) by The Air Quality Limit Values Regulations 2003 (S.I. 2003/2121), regs. 1(1), 14(1)

[^key-f6e2a59e25e78a0531501d5396bd557c]: Sch. 11 para. 5(7) added (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 43(14); S.S.I. 2014/160, art. 2(1)(2)

[^key-f6e4dadd9b47c838709e57a748cb1bb1]: S. 111(2A) inserted (3.12.2012) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging Schemes) Regulations 2012 (S.I. 2012/2788), regs. 1, 8(2)

[^key-f742f632f5a01d91dd2ee7989cdc74e3]: S. 30(4) added (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 43(3); S.S.I. 2014/160, art. 2(1)(2)

[^key-f783401a632c352cefbc726bfb4988b4]: Words in s. 42(8) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 373(8) (with Sch. 7)

[^key-f7b6b4c790b18bce2bd0580c479e59cb]: Sch. 20 para. 4(3)(d) substituted (E.W.) (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 26 para. 13(7) (with reg. 1(2), Sch. 4)

[^key-f8403612bc33349ac0f08abdd1ae8bed]: S. 108 applied (with modifications) (1.4.2018) by The Control of Mercury (Enforcement) Regulations 2017 (S.I. 2017/1200), regs. 2(2), 27(3) (with reg. 1(2))

[^key-f88b799d6878d7fb8fe89d3e473bef15]: Sch. 22 para. 81 in force at 1.4.2015 for S. by S.S.I. 2015/73, art. 2(1)

[^key-f89872fed6284103696e5e8ab34f91a2]: Words in s. 41A heading substituted (3.12.2012) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging Schemes) Regulations 2012 (S.I. 2012/2788), regs. 1, 5(2)

[^key-f8ab80696b381d484690e8e9f7278711]: Sch. 22 para. 177(6) repealed (E.W.) (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 28 (with reg. 1(2), Sch. 4)

[^key-f8abae71993604ba3c791eb0aaae617a]: Sch. 22 para. 94 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

[^key-f90363af7dba0590f8c8b88effc50e94]: S. 110 applied (27.7.2012) by The Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2012 (S.I. 2012/1715), regs. 1, 6(2) (with reg. 3)

[^key-f92e333612db6675635b33b23f293f7e]: Words in s. 31 title inserted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 14(3); S.S.I. 2014/160, art. 2(1)(2)

[^key-f9377e963d793904047b9b5b0f62d54d]: S. 80(2)(a) substituted (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 3(6)(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-f9d229d9912941f0559ab06b88dee96c]: Words in Sch. 6 para. 7(b) inserted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 2 para. 33(3) (with art. 5)

[^key-fa86ea986def81ac32966db300349f6d]: Words in s. 5(4) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 364(5) (with Sch. 7)

[^key-fab3145f62410e898dbfb6de666c4e9c]: Words in s. 108(15) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 382(3)(b)(ii) (with Sch. 7)

[^key-fae3ee3f7881b3c54a7626fafc223dc9]: Words in s. 42(4) omitted (3.12.2012) by virtue of The Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging Schemes) Regulations 2012 (S.I. 2012/2788), regs. 1, 6(5)(b)

[^key-faebe672dfb8f417967760a164c616e9]: Words in s. 108(3) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 382(2) (with Sch. 7)

[^key-fb0a6be3d7f56f15ae036872082777bd]: Words in Sch. 7 para. 17(2)(d) substituted (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 18; S.I. 2021/354, reg. 2(c)

[^key-fb19562541325595a03a02545e144276]: Words in s. 56(1) substituted (E.W.) (6.4.2016) by The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2016 (S.I. 2016/475), reg. 1(2), Sch. 3 para. 3(2) (with regs. 31-33)

[^key-fb4d3db5561093fdc9ced9982da6c772]: S. 41(1)(n) modified (temp.) (24.1.2022 for specified purposes, 7.3.2022 for W. for specified purposes, 9.11.2022 for S. for specified purposes) by Environment Act 2021 (c. 30), s. 64(4) (with s. 144); S.I. 2022/48, reg. 2(l); S.I. 2022/223, regs. 1(2), 2(c); S.S.I. 2022/305, reg. 2(b)

[^key-fbe9257da4743adaeca9ad45d009a63b]: S. 123(1)-(4) applied (6.4.2010) by The Environment Agency (Inland Waterways) Order 2010 (S.I. 2010/699), arts. 1(2), 16(4) (with art. 3)

[^key-fc4b1f2ac7281a4be0f3ae7369d44b5d]: S. 42(9A)-(9D) inserted (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 20(4) (with arts. 24, 28)

[^key-fc6c1c5c79a21fc517da714ae18d6cf2]: Sch. 20 para. 2(c) applied (E.) (1.6.2005 applies in accordance with reg. 1(2)) by High Hedges (Appeals) (England) Regulations 2005 (S.I. 2005/711), regs. 1(1), 6

[^key-fc7f81f8f37e3296819ecfb9695276fe]: Words in s. 5(3) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 364(4)(a)(ii) (with Sch. 7)

[^key-fcd77649dd94666c93f84a8c2145b23a]: S. 114 applied (S.) (31.3.2011) by The Water Environment (Controlled Activities) (Scotland) Regulations 2011 (S.S.I. 2011/209), regs. 1(2), 53(3) (with reg. 54)

[^key-fcf08af7614e0430141a32f63893502f]: S. 5(5)(h) repealed (E.W.) (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 26 para. 13(2), Sch. 28 (with reg. 1(2), Sch. 4)

[^key-fd1f9af80236ae12e5c17c927d2280db]: S. 84(1) repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), ss. 49(a), 61(2); S.S.I. 2014/160, art. 2(1)(2) and s. 84(1) omitted (E.W.) (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(q), Sch. 13 para. 7(a)

[^key-fdcca4adb55e5c53af431ae450ae8ff3]: Sch. 22 para. 178 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

[^key-fec035d2946f844a666b58242b3742f5]: Sch. 13 para. 11(2) modified (W.) (1.3.2016) by The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016 (S.I. 2016/58), reg. 1(2), Sch. 7 para. 8(6)(b) (with reg. 52(2)(3), 59)

[^key-fee6a4b6e60e0471fcdc40e0e9bdf2be]: Sch. 24 in force at 1.1.2005 for specified purposes for S. by S.S.I. 2004/541, art. 2(b)

[^key-ff29fb39950b239d212c00ac0e4d0e65]: S. 42(12) inserted (S.) (1.4.2015) by Food (Scotland) Act 2015 (asp 1), s. 63(2), sch. para. 6 (with s. 62); S.S.I. 2015/99, art. 2

[^key-ff6053cf758b3509532755fdee07bcd3]: Words in s. 56(1) substituted (E.W.) (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 29 Pt. 1 para. 13(3) (with regs. 1(3), 77-79, Sch. 4)

[^key-ffda03964c8b6ec7c70a17094f7b64f4]: Words in Sch. 14 para. 12(1) substituted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), s. 35(1), Sch. 3 para. 9(3) (with s. 10); S.I. 2013/1488, art. 3(d)

[^M_C_0d2c6c4a-58ee-4097-b7a1-a2ef8a032636]: S. 108(6)-(7F) applied (with modifications) (E.) (28.2.2023) by The Packaging Waste (Data Reporting) (England) Regulations 2023 (S.I. 2023/219), regs. 1(2), 26(4)

[^M_C_75883608-a692-46f9-c602-c8d134ddc4c4]: S. 108(4) modified (E.) (28.2.2023) by The Packaging Waste (Data Reporting) (England) Regulations 2023 (S.I. 2023/219), regs. 1(2), 26(3)

[^M_C_b2b0a566-2ec5-4954-f69f-8ef416b4d1fb]: Sch. 18 paras. 2-6 applied (with modifications) (E.) (28.2.2023) by The Packaging Waste (Data Reporting) (England) Regulations 2023 (S.I. 2023/219), regs. 1, 26(6)

[^M_C_e1210f7a-3fd1-40af-fc4a-c2bab8d2dc51]: S. 108(12)-(13) applied (E.) (28.2.2023) by The Packaging Waste (Data Reporting) (England) Regulations 2023 (S.I. 2023/219), regs. 1(2), 26(5)

[^M_C_fdc5bc4a-28fa-40aa-beb8-69abec1d007f]: S. 108A applied (with modifications) (E.) (28.2.2023) by The Packaging Waste (Data Reporting) (England) Regulations 2023 (S.I. 2023/219), regs. 1, 26(4)

[^M_E_1f96ab31-2775-4adc-e7cc-a0cd799da08d]: This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

[^M_E_89fdff02-fa1a-4344-abd7-2f3092a9fe62]: This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

[^M_E_98aab34c-1e05-4f4d-9795-495f25d7c9a1]: This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

[^M_E_a183cd96-422b-44ec-c324-1758826d0d6d]: This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

[^M_F_0736b8ea-b7b8-4ce9-a417-1ac681c0a256]: S. 42(3)(b) substituted (E.W.) (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 26 para. 13(3) (with reg. 1(2), Sch. 4)

[^M_F_3cb87a97-906f-4f16-8b3c-1b093190c9c4]: Words in s. 85(5) omitted (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 3(7)(a) (with reg. 8(1)(2)) (as amended by S.I. 2020/1540, regs. 1(3), 12(5)); 2020 c. 1, Sch. 5 para. 1(1)

[^M_F_46c43fd1-d451-44c3-a351-49dbfb6439b4]: Words in s. 42(3)(b) substituted (E.W.) (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 29 Pt. 1 para. 13(2) (with regs. 1(3), 77-79, Sch. 4)

[^M_F_56dc7031-cbd8-4192-c881-d1c825b4a152]: Words in s. 81(1) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 378(2) (with Sch. 7)

[^M_F_6d6f9423-8d64-47a2-915c-36be4d1cfdbd]: Words in s. 81(2) omitted (1.4.2013) by virtue of The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 378(3)(a) (with Sch. 7)

[^M_F_773f560a-245f-4f0d-8b48-8afa8d9acd9d]: Words in s. 108(15) inserted (E.W.) (9.1.2022) by Environment Act 2021 (c. 30), s. 147(2)(h), Sch. 10 para. 5(6)(a) (with s. 144)

[^M_F_8e9b0af4-5f14-4790-8509-15f7923c88b3]: Words in s. 42(3)(b) substituted (S.) (1.9.2018) by The Environmental Authorisations (Scotland) Regulations 2018 (S.S.I. 2018/219), reg. 1, sch. 6 para. 3(b) (with reg. 78, sch. 5 para. 2)

[^M_F_95359f67-4ebc-43fe-b892-cd0c67f5bd9b]: Words in Sch. 9 para. 1(2)(d) substituted (20.2.2007 for E., 6.9.2007 for W.) by Commons Act 2006 (c. 26), s. 56, Sch. 5 para. 6(a) (with s. 60); S.I. 2007/456, art. 2(a)(ii); S.I. 2007/2386, art. 3(o)(ii)

[^M_F_9d043480-d135-4b24-b2e7-41335877cd2f]: Words in s. 17(3) substituted (1.4.2004) by Water Act 2003 (c. 37), ss. 66(3), 105(3); S.I. 2004/641, art. 3(q) (with Sch. 3 para. 7)

[^M_F_a1e0a21b-bcb1-4184-b3da-5ecf2dcdd75a]: S. 18A inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 66(2), 105(3); S.I. 2004/641, art. 3(q) (with Sch. 3 para. 7)

[^M_F_b63f2ddd-214f-4447-f3a8-cbdbd9563a9d]: Words in s. 42(3)(b) substituted (S.) (1.9.2018) by The Environmental Authorisations (Scotland) Regulations 2018 (S.S.I. 2018/219), reg. 1, sch. 6 para. 3(a) (with reg. 78, sch. 5 para. 2)

[^M_F_cc968db3-5c72-4318-9214-f2266504c6ed]: Words in s. 81(2)(a) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 378(3)(b)(ii) (with Sch. 7)

[^M_F_ff0b7542-a3e8-4e8c-8ca3-46e772cc6c97]: Words in s. 81(2)(a) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 378(3)(b)(i) (with Sch. 7)

[^M_M_32fe3f2a-5549-4b8a-cb99-1ade5895c118]: 1991 c. 60.

[^V_S_01691dcb-8401-b408-b2e2-f64bd99f8903]: S. 108 applied by SI 2005/2773, reg. 7(4A) (as inserted (E.) (23.12.2009) by The Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products (Amendment) (England) Regulations 2009 (S.I. 2009/3145), regs. 1, 2)

[^V_S_0d7b5f92-e24d-4fc9-7e07-de6e5f0172a3]: S. 108 modified (24.3.2012) by The Bathing Water Regulations 2008 (S.I. 2008/1097), regs. 1(3)(e), 16(4)

[^V_S_0df42875-a01d-e12c-5e90-f952959db078]: 1990 c. 43.

[^V_S_0e22a9d3-e43b-d6eb-1514-7d307c8b9058]: Words in s. 108(15) inserted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 43(10)(b); S.S.I. 2014/160, art. 2(1)(2)

[^V_S_0f0a73f1-346f-abdf-dc66-5744104917d8]: 1993 c. 11.

[^V_S_13be4444-0f60-55cd-e69c-c9a4a246b798]: S. 108 extended (7.3.2015) by The Ozone-Depleting Substances Regulations 2015 (S.I. 2015/168), regs. 1(2), 13(3) (with reg. 12(7))

[^V_S_17bb889d-004d-026d-9c2d-461b5af905e4]: S. 108(4)(h)(iv) inserted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), ss. 46(2)(c)(i), 61(2); S.S.I. 2014/160, art. 2(1)(2)

[^V_S_1875599a-fbb6-b494-1450-8841b1e5b0cb]: S. 108(15) modified (W.) (10.12.2006) by The Radioactive Contaminated Land (Modification of Enactments) (Wales) Regulations 2006 (S.I. 2006/2988), regs. 1(2), 18

[^V_S_18b16200-d61c-baec-8a06-2749ed4ec65a]: Words in s. 108(3) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 382(2) (with Sch. 7)

[^V_S_1907f3cc-39bd-9b52-4a79-95e15fce8eee]: S. 108(15) applied (27.6.2000) by S.I. 2000/1460, reg. 3, Sch. 1 para. 9

[^V_S_1a1dce3b-9727-1f07-1ec9-55eb6abb24fd]: Words in s. 108(2) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 382(2) (with Sch. 7)

[^V_S_1d4244d1-8840-7edb-f10c-b0c175d63513]: Sch. 18 para. 2(1A) inserted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), ss. 46(4)(a)(i), 61(2); S.S.I. 2014/160, art. 2(1)(2)

[^V_S_1e8ceae9-8b70-895b-91b8-fb764451067e]: 1989 c. 14.

[^V_S_1f2eeb9d-e04a-e60d-f985-0de008b4b89f]: Words in s. 108(15) repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), ss. 46(2)(h)(ii), 61(2); S.S.I. 2014/160, art. 2(1)(2)

[^V_S_20180a31-0ecb-3c39-fb1f-92d428a2cef2]: 1965 c. 13.

[^V_S_20272c8b-7038-2d95-f2c2-3f25d451df30]: S. 108(1A) inserted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), ss. 46(2)(b), 61(2); S.S.I. 2014/160, art. 2(1)(2)

[^V_S_22f5fe2e-8bbe-7fe0-e421-0ac58da043b3]: S. 108(4)(a)-(l) applied (with modifications) (6.3.1997) by S.I. 1997/648, reg. 28(2)

[^V_S_29348be1-e55c-9c3c-fbd5-42b2d3745385]: S. 108(4)(ja) inserted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), ss. 46(2)(c)(iii), 61(2); S.S.I. 2014/160, art. 2(1)(2)

[^V_S_2a52879e-e56e-1eca-fc35-39c9dbd7464d]: Words in s. 108(15) substituted (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 3(12)(a); 2020 c. 1, Sch. 5 para. 1(1)

[^V_S_2c7765e8-1beb-da90-35f4-d7c44d7ad691]: Words in s. 108(15) inserted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), ss. 46(2)(h)(i), 61(2); S.S.I. 2014/160, art. 2(1)(2)

[^V_S_2dfb05a8-c81a-926b-38ad-848dc2053f3a]: Words in s. 108(5) inserted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), ss. 46(2)(d), 61(2); S.S.I. 2014/160, art. 2(1)(2)

[^V_S_31147e47-aff0-82c2-53d7-7dd701fd6dc6]: Sch. 18 para. 2(3) substituted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), ss. 46(4)(a)(ii), 61(2); S.S.I. 2014/160, art. 2(1)(2)

[^V_S_31674175-b462-622e-841c-a762a57887da]: Words in s. 108(15) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 382(3)(a) (with Sch. 7)

[^V_S_32223ac6-8212-2d73-93ed-4daf45d61ce7]: 1906 c. 14.

[^V_S_33b20ff7-f3de-fc65-ebb1-4b2b2bfcf5c5]: Words in s. 108(15) added (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 43(10)(a); S.S.I. 2014/160, art. 2(1)(2)

[^V_S_4196f75f-4177-e81f-f2a2-bd7d395ee1db]: S. 108(7A)-(7E) inserted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), ss. 46(2)(f), 61(2); S.S.I. 2014/160, art. 2(1)(2)

[^V_S_42dc5749-c278-0bf3-d546-54aa816e2834]: Words in s. 108(15) substituted (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 3(12)(b); 2020 c. 1, Sch. 5 para. 1(1)

[^V_S_45862ef2-bcfd-f674-ad74-428e25a70403]: S. 108(15): para. (n) in the definition of “pollution control functions” inserted (S.) (28.9.2000) by S.S.I. 2000/323, regs. 1(1), 36, Sch. 10 para. 5(3)

[^V_S_4756d60f-7770-f5a1-4bcd-f1ea4a3fc158]: S. 108(4) modified (16.3.2007) by The Producer Responsibility Obligations (Packaging Waste) Regulations 2007 (S.I. 2007/871), regs. 1(1), 35(2)

[^V_S_47a84d1b-093c-aba9-bb8c-19470ad6bf7a]: Sch. 18 paras. 2-6 applied (with modifications) (6.3.1997) by S.I. 1997/648, reg. 28(5)(6)

[^V_S_47e85792-3969-307c-c385-3ea67e30b99e]: S. 108 applied (with modifications) (1.4.1999) by S.I. 1999/743, art. 20(4)

[^V_S_48542330-4a52-3e50-f884-12499196c8ce]: S. 108 applied (27.7.2012) by The Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2012 (S.I. 2012/1715), regs. 1, 6(2) (with reg. 3)

[^V_S_4c0242c2-b0bc-2918-a0a4-1874a8f5dcf0]: 1990 c. 43.

[^V_S_4ca2c241-ff94-7912-33e6-942a05cc7c98]: Words in s. 108(15) inserted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 10(2)(a)

[^V_S_4cfda890-f5ca-0def-6754-e1dbda80616d]: S. 108(4)(j) renumbered as s. 108(4)(j)(i) (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), ss. 46(2)(c)(ii), 61(2); S.S.I. 2014/160, art. 2(1)(2)

[^V_S_5279af9a-d9b7-9fa0-099c-d67c1d144de7]: S. 108 restricted (21.4.2005) by The Greenhouse Gas Emissions Trading Scheme Regulations 2005 (S.I. 2005/925), reg. 3(4) (with reg. 3)

[^V_S_53f29929-3ad6-26e2-a7ea-8a3525265cf2]: 1990 c. 43.

[^V_S_598a08aa-dcdf-0e07-b6dc-9ed4af971e3e]: S. 108(12)(13) applied (6.3.1997) by S.I. 1997/648, reg. 28(4)

[^V_S_5bf0053e-dcb3-839a-2545-2df212c8c7e3]: 1993 c. 12.

[^V_S_61b20c91-b38b-e0c1-151c-3beb12ba721d]: Words in s. 108(15) omitted (S.) (1.4.2006) by virtue of The Water Environment (Consequential and Savings Provisions) (Scotland) Order 2006 (S.S.I. 2006/181), sch. Pt. 4 para. 8(4)

[^V_S_6343f8bc-3812-c663-c73e-e5825ed17c50]: Words in s. 108(15) repealed (26.2.2015) by The Regulatory Reform (Scotland) Act 2014 (Consequential Modifications) Order 2015 (S.I. 2015/374), arts. 1(1), 6(3)

[^V_S_63479d6b-eca0-0241-fe99-ca9bf4e5c474]: S. 108(4)(ka) inserted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), ss. 46(2)(c)(iv), 61(2); S.S.I. 2014/160, art. 2(1)(2)

[^V_S_65a50d4d-257a-cec5-6959-fe99a79ee1b2]: S. 108 extended (12.7.2007) by The Transfrontier Shipment of Waste Regulations 2007 (S.I. 2007/1711), reg. 1, Sch. 5 para. 1 (with reg. 3)

[^V_S_6ec9fb55-9c17-0f00-be23-04cbfc684e7e]: S. 108(4)(a)-(l) applied (with modifications) (2.8.2004) by The Justification of Practices Involving Ionising Radiation Regulations 2004 (S.I. 2004/1769), reg. 1, Sch. 1 paras. 1, 2 (with reg. 2)

[^V_S_742a7765-b8e7-d5f6-2b04-ef14f1ff59c9]: Sch. 18 para. 2(5) added (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), ss. 46(4)(a)(iii), 61(2); S.S.I. 2014/160, art. 2(1)(2)

[^V_S_78fa28a6-654d-98db-73a2-0538cefa73ea]: S. 108(6)(7) applied (with modifications) (16.3.2007) by The Producer Responsibility Obligations (Packaging Waste) Regulations 2007 (S.I. 2007/871), regs. 1(1), 35(3)

[^V_S_7ae0679d-f2de-647e-de25-7fe844757ad9]: Word in s. 108(1) repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), ss. 46(2)(a)(i), 61(2); S.S.I. 2014/160, art. 2(1)(2)

[^V_S_7fe3ac7b-215a-e972-2e45-9d8fe156c1a9]: S. 108 applied (E.) (1.3.2009) by The Environmental Damage (Prevention and Remediation) Regulations 2009 (S.I. 2009/153), regs. 1(1), 31(2)

[^V_S_826606b4-c84d-cee6-916e-88d76c726ab4]: S. 108(6)(7) applied (with modifications) (16.12.2005) by The Producer Responsibility Obligations (Packaging Waste) Regulations 2005 (S.I. 2005/3468), regs. 1(1), 35(3)

[^V_S_82e24a16-7140-6427-ef2b-ab4227a4ae17]: Words in s. 108(15) repealed (S.) (1.9.2018) by The Environmental Authorisations (Scotland) Regulations 2018 (S.S.I. 2018/219), reg. 1, sch. 7 para. 1 (with reg. 78, sch. 5 para. 2)

[^V_S_838c7359-15e0-2bbb-5245-b966abb089ee]: S. 108(6)(a) repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), ss. 46(2)(e), 61(2); S.S.I. 2014/160, art. 2(1)(2)

[^V_S_84aa9f8c-d89e-609a-6760-51df04ef1f05]: S. 108 applied (with modifications) (1.4.2018) by The Control of Mercury (Enforcement) Regulations 2017 (S.I. 2017/1200), regs. 2(2), 9(4)(5) (with reg. 1(2))

[^V_S_8cdcadae-eccd-0417-15ef-4b1be00e4618]: S. 108 extended (20.7.2011) by The Environmental Protection (Controls on Ozone-Depleting Substances) Regulations 2011 (S.I. 2011/1543), regs. 1(2), 8(3) (with reg. 1(3))

[^V_S_8f82b309-461b-491d-f585-ef331104d20e]: S. 108(4)(j)(ii) and word inserted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), ss. 46(2)(c)(ii), 61(2); S.S.I. 2014/160, art. 2(1)(2)

[^V_S_90594869-157c-147e-9ebe-7adcd2eff612]: Sch. 18 paras. 2-6 applied (with modifications) (16.3.2007) by The Producer Responsibility Obligations (Packaging Waste) Regulations 2007 (S.I. 2007/871), regs. 1(1), 35(5)

[^V_S_907c4acc-de17-0db3-5998-fbf56814b718]: 1991 c. 56.

[^V_S_93f66b7d-9b18-3177-f429-bb2b9d05386a]: S. 108(4): power to appoint person to exercise powers conferred (27.7.1999) by 1999 c. 24, ss. 1, 2, Sch. 1 Pt. I para. 14(2)

[^V_S_a0ce79a3-6033-ef39-993e-2d05ca9116d6]: S. 108(12)(13) applied (16.3.2007) by The Producer Responsibility Obligations (Packaging Waste) Regulations 2007 (S.I. 2007/871), regs. 1(1), 35(4)

[^V_S_a5c58499-af1b-3459-d772-af9c4937a4ea]: Words in s. 108(15) inserted (S.) (1.4.2007 for specified purposes, 30.10.2007 in so far as not already in force) by The Radioactive Contaminated Land (Scotland) Regulations 2007 (S.S.I. 2007/179), reg. 1(1)(2), 16(a)

[^V_S_a7bbfd1d-4f2e-0b6c-ce80-36bfbb3a1e17]: Words in s. 108(15) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 382(3)(b)(i) (with Sch. 7)

[^V_S_ac0cdb6a-5b2d-ab53-d94e-5568a5acbd1b]: Words in s. 108(15) repealed (1.4.2015 for S.) by Pollution Prevention and Control Act 1999 (c. 24), s. 7(3), Sch. 3; S.S.I. 2015/74, art. 2(2)(g)

[^V_S_ad249951-0d63-2d62-ba9a-35be5750bd3d]: S. 108 excluded by 1991 c. 57, s. 172(3A) (as added (1.4.1996) by 1995 c. 25, Sch. 22 para. 166; S.I. 1996/186, art. 3)

[^V_S_af1bd19d-f358-bf3c-085a-4f3879d8aa4e]: S. 108 applied (E.) (19.7.2015) by The Environmental Damage (Prevention and Remediation) (England) Regulations 2015 (S.I. 2015/810), regs. 1(1), 31(2) (with regs. 4-8)

[^V_S_b893eb6c-19fc-d025-bdb0-ea2826e5f9a7]: Words in s. 108(12) added (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), ss. 46(2)(g), 61(2); S.S.I. 2014/160, art. 2(1)(2)

[^V_S_baddd6c6-288e-872d-29f6-1d1cffe02f19]: Words in s. 108(15) inserted (S.) (1.4.2007 for specified purposes, 30.10.2007 in so far as not already in force) by The Radioactive Contaminated Land (Scotland) Regulations 2007 (S.S.I. 2007/179), reg. 1(1)(2), 16(b)

[^V_S_d029c7c8-926a-1582-43c2-0b067e920dc4]: 1974 c. 40.

[^V_S_d6fee0fc-ea0d-2694-8587-1baa2a19d0c1]: 1991 c. 57.

[^V_S_d822ebf0-86a0-3e4a-0582-73e6eda5be89]: Words in s. 108(15) inserted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 5(3); S.S.I. 2014/160, art. 2(1)(2)

[^V_S_dc0b20b5-c0a6-ce24-4910-5680e0bb1c1d]: Sch. 18 paras. 2-6 applied (with modifications) (16.12.2005) by The Producer Responsibility Obligations (Packaging Waste) Regulations 2005 (S.I. 2005/3468), regs. 1(1), 35(5)

[^V_S_eb038e5a-ea4b-581e-624a-806853e60ca5]: S. 108(1)(d)(e) inserted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), ss. 46(2)(a)(ii), 61(2); S.S.I. 2014/160, art. 2(1)(2)

[^V_S_f21fde0d-7f25-662d-7254-593e7db328bd]: S. 108(6)(7) applied (with modifications) (6.3.1997) by S.I. 1997/648, reg. 28(3)

[^V_S_f358be1a-40a5-c2d9-14c2-20ba246b9ab5]: S. 108(12)(13) applied (16.12.2005) by The Producer Responsibility Obligations (Packaging Waste) Regulations 2005 (S.I. 2005/3468), regs. 1(1), 35(4)

[^V_S_f90afcc8-2f46-2fa0-609c-78e077ee399a]: S. 108 applied (with modifications) (1.4.2018) by The Control of Mercury (Enforcement) Regulations 2017 (S.I. 2017/1200), regs. 2(2), 27(3) (with reg. 1(2))

[^V_S_fddf2663-0000-d92f-4db1-e116060938ba]: S. 108(4) modified (16.12.2005) by The Producer Responsibility Obligations (Packaging Waste) Regulations 2005 (S.I. 2005/3468), regs. 1(1), 35(2)

[^key-b47267ed99720517ce8dcc0a30727156]: Sch. 18 paras. 2-6 applied (with modifications) (W.) (17.7.2023) by The Packaging Waste (Data Collection and Reporting) (Wales) Regulations 2023 (S.I. 2023/798), regs. 1(2), 26(7)

[^key-05afe2b1278a88d5b12346ea402e7e71]: S. 108 applied in part (with modifications) (W.) (17.7.2023) by The Packaging Waste (Data Collection and Reporting) (Wales) Regulations 2023 (S.I. 2023/798), regs. 1(2), 26

[^key-f9f150e68dc2ea96e5125036049b6244]: S. 108A applied (with modifications) (W.) (17.7.2023) by The Packaging Waste (Data Collection and Reporting) (Wales) Regulations 2023 (S.I. 2023/798), regs. 1(2), 26

[^key-80b3579bfb01a228a1119f41650322ce]: Word in s. 66(7A)(a) omitted (17.10.2023) by virtue of Agriculture (Wales) Act 2023 (asc 4), s. 56(3)(d), Sch. 2 para. 3(a)

[^key-4ea1ab561b34acdc2cf55929d01c5baa]: S. 66(7A)(c) and word inserted (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), s. 56(3)(d), Sch. 2 para. 3(b)

[^key-0f4c2453561b42a5c0ad74688934e2d7]: Words in s. 108(8) substituted (20.12.2023) by The National Security Act 2023 (Consequential Amendments of Primary Legislation) Regulations 2023 (S.I. 2023/1386), reg. 1(2), Sch. para. 15

[^key-360e500d6255ce002f401fa2c588bbb7]: S. 96: power to amend conferred (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 132, 255(3)(a) (with s. 247)

[^key-b9abec7d44404793dca102c3390dfdd4]: Pt. 3: power to amend conferred (26.12.2023) by Levelling Up and Regeneration Act 2023 (c. 55), ss. 132, 255(3)(a) (with s. 247)

[^key-2b8b0b907cdd05a70c14e97c97889e69]: Sch. 14: power to amend conferred (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 132, 255(3)(a) (with s. 247)

[^key-51cd836568e275d6b18596923c21cf73]: Ss. 66A, 66B inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 245(4), 255(9)(b) (with s. 247)

[^key-5f929981d4a6b4a2b83d2394dc18dec2]: S. 86C inserted (E.W.) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 118 (with s. 247)

[^key-d9ae8d482e5b25ee5232c2a25fdfa536]: Word in s. 40(2)(a) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 36(2)(a)

[^key-be9ef314cf7a6cf58444d681ce5b0a8d]: Word in s. 40(4)(a) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 36(2)(a)

[^key-055ae2c2c67ef6db96eacb6572e9d93b]: Word in s. 41(2)(g) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 36(2)(b)

[^key-05409d4d203be6b9e6b8d4d45cb2f464]: Word in s. 41(1)(g) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 36(2)(b)

[^key-6f0622383fe1157019ccb952d214b3cb]: Word in s. 41(1)(f) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 36(2)(b)

[^key-fd55f9474b028bff00331510791a1166]: Word in s. 56(1) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 36(2)(c)

[^key-f61f8f14879b909c66d63e4ca1cc224a]: Word in s. 80(2)(a) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 36(2)(d)

[^key-519520e82fbdb2b5529d75b062f377d6]: Word in s. 85(5)(a) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 36(2)(e)

[^key-c50345df72c2fbc5cb56394699a53646]: Word in s. 87(1)(b)(i) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 36(2)(f)

[^key-6e2cf0980945bf40c3f1c035a5916770]: Word in s. 122(4) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 36(2)(g)

[^key-8b12785ca29b63fccdfd52387b7820a2]: Word in s. 122(3)(b)(ii) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 36(2)(g)

[^M_C_38bf8184-d51d-47f3-e374-4876f06edf02]: S. 85(6)(6A)(7) applied (19.7.2001) by S.I. 2001/2315, reg. 11(2)

[^key-8f4dbbbfad904721856e167bde8c9291]: S. 87(1) modified (W.) (14.4.2024) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), s. 8(2)-(4), 30(2)(b)

[^key-efaefe43a53f9f4aacd416dc6d9eb243]: S. 81B inserted (W.) (14.4.2024) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), ss. 14(1), 30(2)(d)

[^key-9761dd6e5e09af78af59c85926597293]: S. 80(8) inserted (W.) (14.4.2024) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), ss. 12(1), 30(2)(d)

[^key-9c50bd2ce306fb14694cf3a4a76bc947]: S. 80(9)(10) inserted (W.) (14.4.2024) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), ss. 13, 30(2)(d)

[^key-8923fd83ebc65d063cf181e95594c6fc]: S. 87(9A) inserted (W.) (14.4.2024) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), ss. 12(2), 30(2)(d)

[^key-70839565b570346642fb5000aba2bf96]: S. 87(7A)(7B) inserted (W.) (14.4.2024) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), ss. 15, 30(2)(e)

[^key-7fe77da89c43c3c5c38b5f643dc87858]: S. 87(2B) inserted (W.) (14.4.2024) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), ss. 24(2)(b), 30(2)(g)

[^key-cd9d346287ca16f4990038e104590ab2]: Words in s. 87(2)(c) inserted (W.) (14.4.2024) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), ss. 14(2)(a), 30(2)(d)

[^key-ae87371dfb6eb3c11cf2cdff64af838c]: Words in s. 87(2)(j) inserted (W.) (14.4.2024) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), ss. 14(2)(b), 30(2)(d)

[^key-b4d526eeab6a23b3059c980c39251e0d]: Words in s. 87(2)(l) inserted (W.) (14.4.2024) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), ss. 14(2)(c), 30(2)(d)

[^key-d05311f1912bd992cb5c589efc1b1dc1]: Words in s. 87(2)(m) inserted (W.) (14.4.2024) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), ss. 14(2)(d), 30(2)(d)

[^key-88ec4ab32bce7c8415f0eff65db0980e]: Words in s. 87(2)(o) renumbered as s. 87(2)(o)(i) (W.) (14.4.2024) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), ss. 24(2)(a)(i), 30(2)(g)

[^key-3e2a4cd579899e6874ec8c8e6dc47b86]: S. 87(2)(o)(ii) and word inserted (W.) (14.4.2024) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), ss. 24(2)(a)(ii), 30(2)(g)

[^key-f0136fb8664d2cdb94ff6c74dc69f613]: S. 88(4)(5) inserted (W.) (14.4.2024) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), ss. 14(3)(b), 30(2)(d)

[^key-798855c556d5b1f685ec313ceb69c679]: Words in s. 88(3) substituted (W.) (14.4.2024) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), ss. 14(3)(a)(i), 30(2)(d)

[^key-ffdf97c32aab2c6202dbd77c11756f61]: Words in s. 88(3) substituted (W.) (14.4.2024) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), ss. 14(3)(a)(ii), 30(2)(d)

[^key-8124e0d4fb528a4c949ddbca2a95d0ab]: Words in s. 91(1) inserted (E.W.) (14.4.2024) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), ss. 14(4), 30(2)(d)

[^key-2949d8425dc652f90a2b6aa09421aa03]: Words in Sch. 11 para. 5(6) renumbered (W.) (14.4.2024) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), ss. 24(3)(a)(i), 30(2)(g)

[^key-c19bcd7103a2f921d409ec3e725f84b4]: Words in Sch. 11 para. 5(6) inserted (W.) (14.4.2024) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), ss. 24(3)(a)(ii), 30(2)(g)

[^key-3e4fc8f83ae8124de9110038a8bed07a]: Words in Sch. 11 para. 5(6) inserted (W.) (14.4.2024) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), ss. 24(3)(b), 30(2)(g)

[^key-d926d8751a4049452ad4f8c897d2b153]: S. 41(1)(s) inserted (17.5.2024) by Environment Act 2021 (c. 30), ss. 57(8), 147(3) (with s. 144); S.I. 2024/639, reg. 2(a)

[^key-7c4e955c781d21d303560dc07ed15dc3]: Words in s. 108(15) substituted (17.5.2024) by Environment Act 2021 (c. 30), ss. 57(9), 147(3) (with s. 144); S.I. 2024/639, reg. 2(a)

[^key-49bf270a37dc86875b9d7b9f347790f2]: Words in Sch. 9 para. 13(1) omitted (4.11.2024) by virtue of Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 175 (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d)

[^key-479dd9f915be8161c5d43949ded800bb]: S. 108: functions etc. assigned to the Port Health Authority (7.11.2024) by The London Port Health Authority Order 2024 (S.I. 2024/1161), arts. 1(1), 4(2), Sch. (with arts. 4(3), 5(2))

[^key-f3e1f5b4a1e3e0b7e8de5ac7267dee9a]: S. 109: functions etc. assigned to the Port Health Authority (7.11.2024) by The London Port Health Authority Order 2024 (S.I. 2024/1161), arts. 1(1), 4(2), Sch. (with arts. 4(3), 5(2))

[^key-ef1d616249bb8ac11802fba20ed07393]: Sch. 18 paras. 2-6 applied (with modifications) (E.W) (1.1.2025) by The Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024 (S.I. 2024/1332), regs. 1(2), 112, Sch. 12 para. 1 (with reg. 12)

[^key-abb40c957aea8b95e604cae84aeeb7b2]: S. 108 applied in part (with modifications) (E.W) (1.1.2025) by The Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024 (S.I. 2024/1332), regs. 1(2), 112, Sch. 12 para. 1 (with reg. 12)

[^key-2e544d44fe348ce3a0704d30d3b85a88]: S. 108A applied (with modifications) (E.W) (1.1.2025) by The Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024 (S.I. 2024/1332), regs. 1(2), 112, Sch. 12 para. 1 (with reg. 12)

[^key-9b3979c16adaf88062b46a09bf06013f]: Sch. 18 paras. 2-6 applied (with modifications) (E.) (24.1.2025 for specified purposes) by The Deposit Scheme for Drinks Containers (England and Northern Ireland) Regulations 2025 (S.I. 2025/67), regs. 1(3), 83(6) (with reg. 2(3))

[^key-b622b72fdea5681b175d1a292be5bc3a]: S. 108(6)-(7F) applied (with modifications) (E.) (24.1.2025 for specified purposes) by The Deposit Scheme for Drinks Containers (England and Northern Ireland) Regulations 2025 (S.I. 2025/67), regs. 1(3), 83(4) (with reg. 2(3))

[^key-199f9c708d3f5726088bb280ccd8a81d]: S. 108(4) modified (E.) (24.1.2025 for specified purposes) by The Deposit Scheme for Drinks Containers (England and Northern Ireland) Regulations 2025 (S.I. 2025/67), regs. 1(3), 83(3) (with reg. 2(3))

[^key-b3dee7555fec1d373a8b33b66362d899]: S. 108(12)(12A) applied (E.) (24.1.2025 for specified purposes) by The Deposit Scheme for Drinks Containers (England and Northern Ireland) Regulations 2025 (S.I. 2025/67), regs. 1(3), 83(5) (with reg. 2(3))

[^key-769b23f330515dc74cbc9a61108a8f03]: S. 108(13) applied (E.) (24.1.2025 for specified purposes) by The Deposit Scheme for Drinks Containers (England and Northern Ireland) Regulations 2025 (S.I. 2025/67), regs. 1(3), 83(5) (with reg. 2(3))

[^key-5832635a36f7d1acef7ded90fab74140]: S. 41(1B) inserted (E.W) (24.2.2025) by Water (Special Measures) Act 2025 (c. 5), ss. 11(b), 17(2)(h)

[^key-32592d24a78e02e53343e95a9c4a3e49]: S. 41(1)(t) inserted (E.W) (24.2.2025) by Water (Special Measures) Act 2025 (c. 5), ss. 11(a), 17(2)(g)

[^key-e7dcb656b8bda95d85f5da39b911b4a2]: S. 110(3D)(3E) inserted (E.W.) (24.4.2025) by Water (Special Measures) Act 2025 (c. 5), ss. 6(1)(a), 17(5)(a) (with s. 6(3))

[^key-bf332aaf4388d3171ba8576f473b6a2d]: S. 110(5I)(5J) inserted (E.W.) (24.4.2025) by Water (Special Measures) Act 2025 (c. 5), ss. 6(1)(d), 17(5)(a) (with s. 6(3))

[^key-c0ba00a9057cf2ee39d009bf600ffba1]: Words in s. 110(4) inserted (E.W.) (24.4.2025) by Water (Special Measures) Act 2025 (c. 5), ss. 6(1)(b), 17(5)(a) (with s. 6(3))

[^key-9a4e19ee4f7ccffce97ffc0ef1ab756c]: Words in s. 110(5) inserted (E.W.) (24.4.2025) by Water (Special Measures) Act 2025 (c. 5), ss. 6(1)(c), 17(5)(a) (with s. 6(3))

[^key-d7cfe45941e1be925f0c4bd4f5b43df1]: S. 83B inserted (E.W.) (31.7.2025) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), ss. 17(1), 30(3); S.I. 2025/937, art. 2(b)

[^key-e12ec4a0887fa8482273c83fccecccde]: S. 82(1A) inserted (E.W.) (31.7.2025) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), ss. 16(3), 30(3); S.I. 2025/937, art. 2(a)

[^key-87313987021f9f498015421b8207bfb5]: Words in s. 82(1) inserted (E.W.) (31.7.2025) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), ss. 16(2), 30(3); S.I. 2025/937, art. 2(a)

[^key-c073105872879f1136914e964a5a6883]: Words in s. 82(2) inserted (E.W.) (31.7.2025) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), ss. 16(4), 30(3); S.I. 2025/937, art. 2(a)

[^key-e7916e088bbe0873cf1dacd44d312528]: Words in s. 84 heading omitted (E.W.) (31.7.2025) by virtue of Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), ss. 17(2)(b), 30(3); S.I. 2025/937, art. 2(b)

[^key-2010c92a3f8375ef6fe950058c5d41e7]: Words in s. 84(1A) omitted (E.W.) (31.7.2025) by virtue of Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), ss. 17(2)(a), 30(3); S.I. 2025/937, art. 2(b)

[^key-26dc67a4d0785d16d098bf673e5613cf]: Word in s. 85(3) omitted (E.W.) (31.7.2025) by virtue of Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), ss. 18(a), 30(3); S.I. 2025/937, art. 2(c)

[^key-6c782e44090ec63db05864e72b201104]: S. 85(3)(e)(f) inserted (E.W.) (31.7.2025) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), ss. 18(b), 30(3); S.I. 2025/937, art. 2(c)

[^key-a76dbbf43f1a25be0d17413f6945f8eb]: Words in s. 91(1) inserted (E.W.) (31.7.2025) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), ss. 17(3), 30(3); S.I. 2025/937, art. 2(b)

[^key-3e2f898c89eb364bd4887a4921337751]: Ss. 110A-110D and cross-heading inserted (S.) (1.8.2025 for specified purposes) by Circular Economy (Scotland) Act 2024 (asp 13), ss. 19(2), 27(2); S.S.I. 2025/170, reg. 2, sch.

[^key-6c4c6599fa252a67ffe2af53b962822e]: Word in s. 114(2)(a)(iii) inserted (1.8.2025 for specified purposes) by Circular Economy (Scotland) Act 2024 (asp 13), ss. 12(2), 27(2); S.S.I. 2025/170, reg. 2, sch.

[^key-b6225723862d1cdae7bb156226e0f9d2]: Sch. 23 para. 7 and cross-heading omitted (W.) (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 45(9)(a)

[^key-a6a350c477232a1ec8d79367731599b6]: Sch. 23 para. 15 and cross-heading omitted (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 45(9)(c)

[^key-8b6bf0906f238a9fa2a8e7a4caed0614]: S. 64(9) omitted (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 45(2)

[^key-861bd2947275d3f5407d032bd756f629]: S. 64(1)-(7) omitted (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 45(2)

[^key-9fb55f3bd7baf1281bee4480457d0063]: S. 65(4) omitted (W.) (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 45(3)

[^key-14cc06a60fb8d0e299d4d5f6249ede04]: Words in s. 75(2) omitted (W.) (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 45(4)(a)

[^key-e5656625dce8bf4c6d115662d38dcd1b]: S. 75(2)(a)-(e) omitted (W.) (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 45(4)(b)

[^key-cd89d75520b34ae6a2f361d7d37f40a6]: Word in s. 79(1) inserted (W.) (10.9.2025) by Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 35(a)

[^key-93b7da70320ef419a2bbc4fddc91e91e]: Words in s. 79(1) omitted (W.) (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 35(b)

[^key-d83c727456eacffbc3fdcba512935d4d]: Words in s. 79(1) omitted (W.) (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 45(5)

[^key-56ea124afe95eb87fff6b7970a956e14]: Sch. 7 para. 14(2)(b) omitted (W.) (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 45(6)(a)

[^key-6aee5182eb6b7e298189b330535dc0f7]: Sch. 7 para. 14(4) omitted (W.) (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 45(6)(b)

[^key-10560a569e41db91ad1dc5ecef9accbc]: Sch. 10 para. 30(4)(5) omitted (W.) (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 45(7)

[^key-c83a45576340045778f8a549ac867c3e]: Sch. 22 para. 42 omitted (W.) (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 45(8)(a)

[^key-b6546104aefd09524bc41e05d0259c69]: Words in Sch. 22 para. 43 substituted (W.) (10.9.2025) by Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 45(8)(b)

[^key-706a7f04d1fd67ab3f59999e0ebc0cb1]: Sch. 23 para. 11 omitted (W.) (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 45(9)(b)

[^key-c8d679fc537d52d945ef02aa84f211e2]: S. 41(2)(h)-(j) inserted (S.) (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 22 para. 5(2) (with sch. 23)

[^key-1abc8f8185256c718246a50371ff5b51]: Words in s. 56(1) omitted (S.) (1.11.2025) by virtue of The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 22 para. 5(3) (with sch. 23)

[^key-fd818074ac173be36bd5c8ae4a054495]: Words in s. 108(15) inserted (S.) (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 22 para. 5(4)(a) (with sch. 23)

[^key-efc1a931d85e5d79a141f2018f438692]: S. 114(2)(a)(ii) repealed (S.) (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 21 para. 1, sch. 22 para. 5(5)(a) (with sch. 23)

[^key-88d09371660a410a028cd9184c34c882]: Words in s. 108(15) inserted (S.) (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 22 para. 5(4)(b) (with sch. 23)

[^key-20cadb5b1ce345bf431a6f6d6f657a22]: Word in s. 114(2)(a)(iii) repealed (E.W.) (6.4.2008) by The Environmental Permitting (England and Wales) Regulations 2007 (S.I. 2007/3538), reg. 1(1)(b), Sch. 23 (with reg. 72, Sch. 4); and (S.) (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 21 para. 1, sch. 22 para. 5(5)(b) (with sch. 23)

[^key-341b08735e6c4efe141e1e04f7f38427]: S. 114(2)(a)(ix) (as inserted by S.S.I. 2006/181, sch. Pt. 4 para. 8(5)(c)) omitted (S.) (1.11.2025) by virtue of The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 22 para. 5(5)(a) (with sch. 23)

[^key-39108f5ddef8a6a96481cefe603e7585]: Words in s. 114(2)(a)(viii) omitted (S.) (1.11.2025) by virtue of The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 22 para. 5(5)(c) (with sch. 23)

[^key-ae84382e53fa7e31eb2eca1551164d78]: Sch. 19 para. 3 repealed (S.) (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 21 para. 1 (with sch. 23)

[^key-fd46c0221955a079b777e9f9ff5f3573]: Sch. 20 para. 4(3)(e) substituted (S.) (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 22 para. 5(6)(b) (with sch. 23)

[^key-e548b50d551f3ab738142f1cb907bf69]: Sch. 20 para. 4(3)(d) omitted (S.) (1.11.2025) by virtue of The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 22 para. 5(6)(a) (with sch. 23)

[^key-290dc17297c2dddedb3f9dd663aca213]: Sch. 22 para. 37 repealed (S.) (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 21 para. 1 (with sch. 23)

[^key-a7a0710da64501e44797c4d0102835fa]: Sch. 18 paras. 2-6 applied (with modifications) (26.3.2026 for specified purposes) by The Deposit Scheme for Drinks Containers (Wales) Regulations 2026 (W.S.I. 2026/103), regs. 1(2)(3)(i), 86(6) (with regs. 2(3)(4), 3)

[^key-e379f73855bea359b5460504a5eaec6d]: S. 108(6)-(7F) applied (with modifications) (26.3.2026 for specified purposes) by The Deposit Scheme for Drinks Containers (Wales) Regulations 2026 (W.S.I. 2026/103), regs. 1(2)(3)(i), 86(4) (with regs. 2(3)(4), 3)

[^key-684858ebd32332c93df62badb8f1991a]: S. 108(4) modified (26.3.2026 for specified purposes) by The Deposit Scheme for Drinks Containers (Wales) Regulations 2026 (W.S.I. 2026/103), regs. 1(2)(3)(i), 86(3) (with regs. 2(3)(4), 3)

[^key-7f55bb9cb92ac090ae3d3eef2f58a277]: S. 108(12)-(13A) applied (26.3.2026 for specified purposes) by The Deposit Scheme for Drinks Containers (Wales) Regulations 2026 (W.S.I. 2026/103), regs. 1(2)(3)(i), 86(5) (with regs. 2(3)(4), 3)