Environment Act 1995

Subordinate legislation and local statutory provisions E+W+S

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

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

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

(4) In this paragraph—

• “the appropriate Agency” means—

  (a)

  in relation to England and Wales, the Agency;

  (b)

  in relation to Scotland, SEPA;

• “local statutory provision” means—

  (a)

  a provision of a local Act (including an Act confirming a provisional order);

  (b)

  a provision of so much of any public general Act as has effect with respect to particular persons or works or with respect to particular provisions falling within any paragraph of this definition;

  (c)

  a provision of an instrument made under any provision falling within paragraph (a) or (b) above;

  (d)

  a provision of any other instrument which is in the nature of a local enactment;

• “relevant inspector” means—

  (i)

  the chief inspector for England and Wales constituted under section 16(3) of the Environmental Protection Act 1990;

  (ii)

  the chief inspector for Scotland constituted under section 16(3) of that Act;

  (iii)

  the chief inspector for England and Wales appointed under section 4(2)(a) of the M1 Radioactive Substances Act 1993;

  (iv)

  the chief inspector for Scotland appointed under section 4(2)(b) of that Act;

  (v)

  the chief, or any other, inspector, within the meaning of the M2 Alkali, &c, Works Regulation Act 1906;

  (vi)

  an inspector appointed under section 19 of the Health and Safety at Work etc. Act 1974 by the Secretary of State in his capacity as the enforcing authority responsible for the enforcement of the Alkali, M3 &c, Works Regulation Act 1906 or section 5 of the M4 said Act of 1974;

• “subordinate legislation” has the same meaning as in the M5 Interpretation Act 1978.

Marginal Citations

M1 1993 c. 12.

M2 1906 c. 14.

M3 1906 c. 14.

M4 1974 c. 37.

M5 1978 c. 30.