Point in time view as at 30/06/2014.
Environment Act 1995, Section 39 is up to date with all changes known to be in force on or before 06 March 2025. 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.
(1)[F2Each new] [F2The] Agency—
(a)in considering whether or not to exercise any power conferred upon it by or under any enactment, or
(b)in deciding the manner in which to exercise any such power,
shall, unless and to the extent that it is unreasonable for it to do so in view of the nature or purpose of the power or in the circumstances of the particular case, take into account the likely costs and benefits of the exercise or non-exercise of the power or its exercise in the manner in question.
(2)The duty imposed upon [F3a new] [F3the] Agency by subsection (1) above does not affect its obligation, nevertheless, to discharge any duties, comply with any requirements, or pursue any objectives, imposed upon or given to it otherwise than under this section.
Textual Amendments
F1Word in s. 39 title substituted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 14(10); S.S.I. 2014/160, art. 2(1)(2)
F2Word in s. 39(1) substituted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 14(9)(a); S.S.I. 2014/160, art. 2(1)(2)
F3Word in s. 39(2) substituted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 14(9)(b); S.S.I. 2014/160, art. 2(1)(2)
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