Environmental Protection Act 1990

Prospective

72 Default powers of Secretary of State. E+W+S

(1) If the Secretary of State is satisfied that a waste regulation authority has failed, in any respect, to discharge any function under this Part which it ought to have discharged, he may make an order declaring the authority to be in default.

(2) The failure to discharge any such function may be a failure in a class of case to which the function relates or a failure in a particular case.

(3) An order made under subsection (1) above which declares an authority to be in default may, for the purpose of remedying the default, direct the authority (“the defaulting authority”) to perform any function specified in the order (whether in relation to a class of case or a particular case) and may specify the manner in which and the time or times within which the function is to be performed by the authority.

(4) If the defaulting authority fails to comply with any direction contained in such an order the Secretary of State may, instead of enforcing the order by mandamus, make an order transferring to himself any function of the authority specified in the order, whether in relation to all the classes of case to which the function relates or to such of those classes or, as the case may be, such particular case as is specified in the order.

(5) Where any function of a defaulting authority is transferred under subsection (4) above, the amount of any expenses which the Secretary of State certifies were incurred by him in performing the function shall on demand be paid to him by the defaulting authority.

(6) Any expenses required to be paid by a defaulting authority under subsection (5) above shall be defrayed by the authority in like manner, and shall be debited to the like account, as if the functions had not been transferred and the expenses had been incurred by the authority in performing them.

(7) The Secretary of State may by order vary or revoke any order previously made by him under this section.

(8) An order transferring any functions of a defaulting authority may provide for the transfer to the Secretary of State of such of the property, rights, liabilities and obligations of the authority as he considers appropriate; and where such an order is revoked the Secretary of State may, by the revoking order or a subsequent order, make such provision as he considers appropriate with respect to the property, rights, liabilities and obligations held by him for the purposes of the transferred function.

(9) Any order under this section may include such incidental, supplemental and transitional provisions as the Secretary of State considers appropriate.

(10) This section shall not apply to Scotland.