The Environmental Permitting (England and Wales) Regulations 2016

Direction to a regulator: discharge of functions by a different regulator

33.—(1) An appropriate authority may direct—

(a) the appropriate agency to exercise such local authority functions as are, and for such period as is, specified in the direction, or

(b) a local authority to exercise such appropriate agency functions as are, and for such period as is, specified in the direction.

(2) A direction under this regulation may include such saving and transitional provisions as the appropriate authority considers necessary or expedient.

(3) A direction under this regulation may be made in respect of a description or class of regulated facility or a specific regulated facility.

(4) A direction under paragraph (1)(b) may only be made in respect of—

(a) an installation, but not in respect of a mining waste operation carried on at an installation, or

(b) mobile plant.

(5) When giving a direction under this regulation the appropriate authority must notify the persons in paragraph (6) of the direction and publish the direction on its website.

(6) The persons are—

(a) where the appropriate authority is the Secretary of State, the Agency,

(b) where the appropriate authority is the Welsh Ministers, the NRBW, and

(c) any local authority or other person whom the appropriate authority considers is affected by the direction.

(7) An appropriate authority must not comply with a duty under paragraph (5) in a case where the authority considers that to do so would be contrary to the interests of national security.

(8) In paragraph (1) (ignoring any direction under this regulation)—

“appropriate agency functions” means functions which are exercisable by the appropriate agency by virtue of regulation 32 or paragraph 2 of Schedule 2;

“local authority functions” means functions which are exercisable by a local authority by virtue of regulation 32 or paragraph 2 of Schedule 2.