- Latest available (Revised)
- Original (As enacted)
Environment Act 1995, Section 114 is up to date with all changes known to be in force on or before 12 September 2024. 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.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(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 [F215, 22(5),] F3..., 62(3)(c), F3... [F462ZA(6)(d)], 78L or 78T of the M2Environmental Protection Act 1990,
[F5(iv)paragraph 2 or paragraph 3(3) of Schedule 6 to the M3Natural Heritage (Scotland) Act 1991,]
(v)section [F6 36A,] 43, [F751,] F8... 92, 96, 161C or 191B(5) of the M4Water Resources Act 1991,
F9(vi). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10(vii)[F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
[F11paragraph 6 of Schedule 5 to the Waste Management Licensing (Scotland) Regulations 2011,]
(viii)regulations under section 2 of the Pollution Prevention and Control Act 1999 extending to Scotland[F12, under section 61 of the Water Act 2014 extending to Scotland] or under section 18 of the Regulatory Reform (Scotland) Act 2014,
(viii)regulations under section 2 of the Pollution Prevention and Control Act 1999 extending to England and Wales [F12or regulations under section 61 of the Water Act 2014 extending to England and Wales],
[F13(ix)section 3 of the Water Act 2003,]
[F14(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;
[F15(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 M5Control 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)[F16any 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
F1S. 114(2)(a)(i) substituted (1.4.2006) by The Water Environment (Consequential and Savings Provisions) (Scotland) Order 2006 (S.S.I. 2006/181), sch. Pt. 4 para. 8(5)(a)
F2Words in s. 114(2)(a)(iii) repealed (1.4.2015 for S.) by Pollution Prevention and Control Act 1999 (c. 24), s. 7(3), Sch. 3; S.S.I. 2015/139, art. 3(c)
F3Words in s. 114(2)(a)(iii) repealed (E.W.) (6.4.2008) by The Environmental Permitting (England and Wales) Regulations 2007 (S.I. 2007/3538), reg. 1(1)(b), Sch. 23 (with reg. 72, Sch. 4)
F4Word in s. 114(2)(a)(iii) inserted (24.1.2022 for E., 7.3.2022 for W.) by Environment Act 2021 (c. 30), s. 60(6) (with s. 144); S.I. 2022/48, reg. 2(j); S.I. 2022/223, regs. 1(2), 2(b)
F5S. 114(2)(a)(iv) omitted (S.) (1.4.2006) by virtue of The Water Environment (Consequential and Savings Provisions) (Scotland) Order 2006 (S.S.I. 2006/181), sch. Pt. 4 para. 8(5)(b)
F6Word 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)
F7Word 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)
F8Word in s. 114(2)(a)(v) repealed (E.W.) (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 26 para. 13(6)(a), Sch. 28 (with reg. 1(2), Sch. 4)
F9S. 114(2)(a)(vi) repealed: (E.W.) (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 26 para. 13(6)(b), Sch. 28 (with reg. 1(2), Sch. 4); (S.) (1.9.2018) by The Environmental Authorisations (Scotland) Regulations 2018 (S.S.I. 2018/219), reg. 1, sch. 7 para. 1 (with reg. 78, sch. 5 para. 2)
F10S. 114(2)(a)(vii) repealed (E.W.) (6.4.2008) by The Environmental Permitting (England and Wales) Regulations 2007 (S.I. 2007/3538), reg. 1(1)(b), Sch. 23 (with reg. 72, Sch. 4)
F11S. 114(2)(a)(vii) substituted (S.) (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), reg. 1(1), sch. para. 1
F12Words in s. 114(2)(a)(viii) inserted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 10(4)
F13S. 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)
F14S. 114(2)(a)(ix) inserted (S.) (1.4.2006) by The Water Environment (Consequential and Savings Provisions) (Scotland) Order 2006 (S.S.I. 2006/181), sch. Pt. 4 para. 8(5)(c)
F15S. 114(2)(b) omitted (S.) (1.4.2006) by virtue of The Water Environment (Consequential and Savings Provisions) (Scotland) Order 2006 (S.S.I. 2006/181), sch. Pt. 4 para. 8(5)(d)
F16S. 114(3)(b) repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 29(7); S.S.I. 2014/160, art. 2(1)(2)
Modifications etc. (not altering text)
C1S. 114 applied (S.) (1.4.2006) by The Water Environment (Controlled Activities) (Scotland) Regulations 2005 (S.S.I. 2005/348), regs. 1(2), 49(3) (with regs. 4, 50)
C2S. 114 applied (S.) (31.3.2011) by The Water Environment (Controlled Activities) (Scotland) Regulations 2011 (S.S.I. 2011/209), regs. 1(2), 53(3) (with reg. 54)
C3S. 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
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: