Environment Act 2021

92 Solway Tweed river basin district: power to transfer functions E+W+S

(1) The Secretary of State may by regulations amend or modify the Solway Tweed Regulations in accordance with this section.

(2) The “Solway Tweed Regulations” means the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004 (S.I. 2004/99).

(3) The regulations may provide for a function under the Solway Tweed Regulations which is exercisable (to any extent)—

(a) by the Secretary of State and the Scottish Ministers jointly,

(b) by the Secretary of State and the Scottish Ministers concurrently, or

(c) only by the Secretary of State or the Scottish Ministers,

to be exercised (to any extent) in another of those ways.

(4) The regulations may provide for a function under the Solway Tweed Regulations which is exercisable (to any extent)—

(a) by the Environment Agency and SEPA jointly,

(b) by the Environment Agency and SEPA concurrently, or

(c) only by the Environment Agency or SEPA,

to be exercised (to any extent) in another of those ways.

(5) The regulations may make provision changing the geographical area in relation to which a function under the Solway Tweed Regulations is exercisable (or is exercisable by a specified person).

(6) The regulations may also provide—

(a) for a function within subsection (3) to be exercisable only with the consent of, or after consultation with, the Secretary of State or the Scottish Ministers;

(b) for a function within subsection (4) to be exercisable only with the consent of, or after consultation with, the Environment Agency, SEPA, the Secretary of State or the Scottish Ministers.

(7) The Secretary of State may make regulations under this section only with the consent of the Scottish Ministers.

(8) Regulations under this section are subject to the negative procedure.

(9) In this section “SEPA” means the Scottish Environment Protection Agency.

Commencement Information

I1 S. 92 in force at 9.1.2022, see s. 147(2)(m)