- Y Diweddaraf sydd Ar Gael (Diwygiedig)
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Environment Act 1995
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Rhagor o Adnoddau
Status:
Point in time view as at 01/10/2008. This version of this part contains provisions that are prospective.
Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
Environment Act 1995, Part II is up to date with all changes known to be in force on or before 07 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Part IIE+W+S Enactments Relating to Scotland
Prospective
The Sewerage (Scotland) Act 1968E+W+S
3E+W+SFor section 55 of the M1Sewerage (Scotland) Act 1968 (Crown application) there shall be substituted—
“55 Application of Act to Crown.
(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 1974E+W+S
4E+W+SFor subsection (3) of section 105 of the M2Control 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.”
Marginal Citations
Prospective
The Water (Scotland) Act 1980E+W+S
5E+W+SAfter section 110 of the M3Water (Scotland) Act 1980 there shall be inserted—
“110A Application of Act to Crown.
(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 M4Town 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 M5Town 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.”.
Prospective
The Local Government etc. (Scotland) Act 1994E+W+S
6E+W+SAfter section 125 of the M6Local Government etc. (Scotland) Act 1994 there shall be inserted—
“125A Application of Part II to Crown.
(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 M7Town 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 M8Town and Country Planning (Scotland) Act 1972 (questions relating to Crown application) as to the determination of questions shall apply for the purposes of this section.”.
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