Environment Act 1995

39 General duty of the [F1 new Agencies] [F1 Agency] to have regard to costs and benefits in exercising powers. E+W+S

(1) [F2 Each new] [F2 The] 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 [F3 a new] [F3 the] 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

F1 Word 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)

F2 Word 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)

F3 Word 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)