S. 44 not in force at Royal Assent, see s. 147(3)
S. 45 not in force at Royal Assent, see s. 147(3)
S. 46 not in force at Royal Assent, see s. 147(3)
S. 47 not in force at Royal Assent, see s. 147(3)
S. 44 in force at 17.11.2021 by S.I. 2021/1274, reg. 2(e)
S. 45 in force at 17.11.2021 by S.I. 2021/1274, reg. 2(f)
S. 46 in force at 17.11.2021 by S.I. 2021/1274, reg. 2(g)
S. 47 in force at 17.11.2021 by S.I. 2021/1274, reg. 2(h)
In this Part the “
plants, wild animals and other living organisms,
their habitats,
land (except buildings or other structures), air and water,
and the natural systems, cycles and processes through which they interact.
In this Part “
protection of the natural environment from the effects of human activity;
protection of people from the effects of human activity on the natural environment;
maintenance, restoration or enhancement of the natural environment;
monitoring, assessing, considering, advising or reporting on anything in paragraphs (a) to (c).
In this Part “
is mainly concerned with environmental protection, and
is not concerned with an excluded matter.
Excluded matters are—
disclosure of or access to information;
the armed forces or national security;
taxation, spending or the allocation of resources within government.
The reference in subsection (1) to “
“
legislative provision contained in, or in an instrument made under, an Act of the Scottish Parliament, an Act or Measure of Senedd Cymru, or Northern Ireland legislation, and
legislative provision not within paragraph (a) which—
if contained in an Act of the Scottish Parliament, would be within the legislative competence of the Parliament;
if contained in an Act of Senedd Cymru, would be within the legislative competence of the Senedd, or
if contained in an Act of the Northern Ireland Assembly, would be within the legislative competence of the Assembly and would not require the Secretary of State’s consent.
The Secretary of State may by regulations provide that a legislative provision specified in the regulations is, or is not, within the definition of “environmental law” in subsection (1) (and this Part applies accordingly).
Before making regulations under subsection (5) the Secretary of State must consult—
the OEP, and
any other persons the Secretary of State considers appropriate.
Regulations under subsection (5) are subject to the affirmative procedure.
In this Part—
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a function exercisable in or as regards Wales that could be conferred by provision falling within the legislative competence of Senedd Cymru (see section 108A of the Government of Wales Act 2006);
a function exercisable in or as regards Scotland, the exercise of which would be within devolved competence (within the meaning of section 54 of the Scotland Act 1998);
a function exercisable in or as regards Northern Ireland that could be conferred by provision included in an Act of the Northern Ireland Assembly made without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998);
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in England and Wales or Northern Ireland, an application to the High Court for judicial review, or
in Scotland, an application to the supervisory jurisdiction of the Court of Session;
“making” policy includes developing, adopting or revising policy;
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“specified date” and “
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