Environment Act 1995

114 Power of Secretary of State to delegate his functions of determining, or to refer matters involved in, appeals.E+W+S

(1)The Secretary of State may—

(a)appoint any person to exercise on his behalf, with or without payment, any function to which this paragraph applies; or

(b)refer any item to which this paragraph applies to such person as the Secretary of State may appoint for the purpose, with or without payment.

(2)The functions to which paragraph (a) of subsection (1) above applies are any of the Secretary of State’s functions of determining—

(a)an appeal under—

[F1(i)section 42B(5) of the Control of Pollution Act 1974,]

(ii)section 4 of the M1Control of Pollution (Amendment) Act 1989,

(iii)section 15, 22(5), F2..., 62(3)(c), F2..., 78L or 78T of the M2Environmental Protection Act 1990,

[F3(iv)paragraph 2 or paragraph 3(3) of Schedule 6 to the M3Natural Heritage (Scotland) Act 1991,]

(v)section [F4 36A,] 43, [F551,] 91, 92, 96, 161C or 191B(5) of the M4Water Resources Act 1991,

(vi)section 26 of the M5Radioactive Substances Act 1993 against any decision of, or notice served by, SEPA,

F6(vii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7(viii)regulations under section 2 of the Pollution Prevention and Control Act 1999 extending to Scot;land,]

[F8(viii)regulations under section 2 of the Pollution Prevention and Control Act 1999 extending to England and Wales,]

[F9(ix)section 3 of the Water Act 2003,]

[F10(ix)regulations under section 20 (regulation of controlled activities) of the Water Environment and Water Services (Scotland) Act 2003 (asp 3),]

or any matter involved in such an appeal;

[F11(b)the questions, or any of the questions, which fall to be determined by the Secretary of State under section 39(1) or section 49(4) of the M6Control of Pollution Act 1974.]

(3)The items to which paragraph (b) of subsection (1) above applies are—

(a)any matter involved in an appeal falling within subsection (2)(a) above;

(b)any of the questions which fall to be determined by the Secretary of State under section 39(1) or section 49(4) of the Control of Pollution Act 1974.

(4)Schedule 20 to this Act shall have effect with respect to appointments under subsection (1)(a) above.

Textual Amendments

F4Word 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)

F5Word 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)

F7S. 114(2)(a)(viii) inserted (S.) (28.9.2000) by S.S.I. 2000/323, regs. 1(1), 36, Sch. 10 para. 5(4)

F8S. 114(2)(a)(viii) inserted (E.W.) (1.8.2000) by S.I. 2000/1973, reg. 39, Sch. 10 para. 18

F9S. 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)

Modifications etc. (not altering text)

C2S. 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

Marginal Citations