In this section—

• “modifications” includes additions, alterations and omissions;

• “prescribed” means prescribed in regulations under this section; and

• “related right”, in relation to an obligation, includes any derogation or other right to make more onerous provisions available in respect of that obligation.

Where an offence under any provision of this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Where the affairs of a body corporate are managed by its members, subsection (1) above shall apply in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.

Subject to the provisions of this section, the provisions of this Act and of regulations and orders made under it shall bind the Crown.

No contravention by the Crown of any provision of this Act or of any regulations or order made under it shall make the Crown criminally liable; but the High Court or, in Scotland, the Court of Session may, on the application of any public or local authority charged with enforcing that provision, declare unlawful any act or omission of the Crown which constitutes such a contravention.

Notwithstanding anything in subsection (2) above, the provisions of this Act and of regulations and orders made under it shall apply to persons in the public service of the Crown as they apply to other persons.

If the Secretary of State certifies that it appears to him, as respects any Crown premises and any powers of entry exercisable in relation to them specified in the certificate that it is requisite or expedient that, in the interests of national security, the powers should not be exercisable in relation to the premises, those powers shall not be exercisable in relation to those premises; and in this subsection “Crown premises” means premises held or used by or on behalf of the Crown.

Nothing in this section shall be taken as in any way affecting Her Majesty in her private capacity; and this subsection shall be construed as if section 38(3) of the M4Crown Proceedings Act 1947 (interpretation of references in that Act to Her Majesty in her private capacity) were contained in this Act.

References in this section to regulations or orders are references to regulations or orders made by statutory instrument.

Any notice required or authorised by or under this Act to be served on or given to an inspector may be served or given by delivering it to him or by leaving it at, or sending it by post to, his office.

Any such notice required or authorised to be served on or given to a person other than an inspector may be served or given by delivering it to him, or by leaving it at his proper address, or by sending it by post to him at that address.

If the person to be served with or given any such notice has specified an address in the United Kingdom other than his proper address within the meaning of subsection (4) above as the one at which he or someone on his behalf will accept notices of the same description as that notice, that address shall also be treated for the purposes of this section and section 7 of the Interpretation Act 1978 as his proper address.

The preceding provisions of this section shall apply to the sending or giving of a document as they apply to the giving of a notice.

Any power of the Secretary of State F3, National Assembly for Wales or the Minister of Agriculture, Fisheries and Food under this Act to make regulations or orders shall be exercisable by statutory instrument; but this subsection does not apply to orders under section 72 above or paragraph 4 of Schedule 3.

F4Subject to subsection (2B) below, a statutory instrument containing regulations under this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Subsection (2) does not apply to a statutory instrument containing regulations under paragraph 11 of Schedule 2AA to this Act to which paragraph 16(5) of that Schedule applies.

Subsection (2) does not apply to a statutory instrument made solely by the National Assembly for Wales.

No statutory instrument containing regulations made under section 79(1ZA) or 80ZA(11) above may be made unless a draft of it has been laid before, and approved by resolution of, the Scottish Parliament.

Except in the cases specified in subsection (4) below, a statutory instrument containing an order under this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Any power conferred by this Act to give a direction shall include power to vary or revoke the direction.

Any direction given under this Act shall be in writing.

The enactments specified in Schedule 15 to this Act shall have effect subject to the amendments specified in that Schedule.

The enactments specified in Schedule 16 to this Act are hereby repealed subject to section 77 above, Schedule 11 to this Act and any provision made by way of a note in Schedule 16.

The repeal of section 124 of the M6Civic Government (Scotland) Act 1982 shall not affect a compulsory purchase order made for the purposes of that section under the M7Local Government (Scotland) Act 1973 before the coming into force of the repeal and such compulsory purchase order may be proceeded with and shall have effect as if the said section 124 had not been repealed.

The Secretary of State may by order repeal or amend any provision of any local Act passed before this Act (including an Act confirming a provisional order) or of any order or other instrument made under an Act so passed if it appears to him that the provision is inconsistent with, or has become unnecessary or requires alteration in consequence of, any provision of this Act or corresponds to any provision repealed by this Act.

Any regulations made under section 100 of the M8Control of Pollution Act 1974 shall have effect after the repeal of that section by subsection (2) above as if made under section 140 of this Act.

Any fees or other sums received by any Minister of the Crown by virtue of any provisions of this Act shall be paid into the Consolidated Fund.

The amendments made to the provisions of Part VI by the 2002 Regulations, other than the amendment of section 127(2) as it relates to the continental shelf, have effect in relation to England only, and accordingly, in the application of that Part in relation to Wales, the provisions listed in subsection (2) below continue to have effect without the amendments made by the 2002 Regulations.

In this section “the 2002 Regulations” means the Genetically Modified Organisms (Deliberate Release) Regulations 2002.

This Act may be cited as the Environmental Protection Act 1990.

The following provisions of the Act shall come into force at the end of the period of two months beginning with the day on which it is passed, namely—

• sections 79 to 85;

• section 97;

• section 99;

• section 105 in so far as it relates to paragraphs 7, 13, 14 and 15 of Schedule 5;

• section 140;

• section 141;

• section 142;

• section 145;

• section 146;

• section 148;

• section 153;

• section 154;

• section 155;

• section 157;

• section 160;

• section 161;

• section 162(1) in so far as it relates to paragraphs 4, 5, 7, 8, 9, 18, 22, 24 and 31(4)(b) of Schedule 15; but, in the case of paragraph 22, in so far only as that paragraph inserts a paragraph (m) into section 7(4) of the Act of 1984;

• section 162(2) in so far as it relates to Part III of Schedule 16 and, in Part IX of that Schedule, the repeal of section 100 of the M9Control of Pollution Act 1974;

• section 162(5);

• section 163.

The remainder of this Act (except this section) shall come into force on such day as the Secretary of State may by order appoint and different days may be appointed for different provisions or different purposes.

Only the following provisions of this Act (together with this section) extend to Northern Ireland, namely—

• section 3(5) to (8);

• section 62(2)(e) in so far as it relates to importation;

• Part V;

• F13. . ., section 127(2) in so far as it relates to the continental shelf;

• section 140 in so far as it relates to importation;

• section 141;

• section 142 in so far as it relates to importation;

• section 146;

• section 147;

• section 148;

• section 153 except subsection (1)(k) and (m);

• section 156 in so far as it relates to Part VI and sections 140, 141 and 142 in so far as they extend to Northern Ireland and in so far as it relates to the M10Radioactive Substances Act 1960;

• section 158 in so far as it relates to Part VI and sections 140, 141 and 142 in so far as they extend to Northern Ireland.

Sections 45A, 45B and 47A do not extend to Scotland.

Where any enactment amended or repealed by this Act extends to any part of the United Kingdom, the amendment or repeal extends to that part, subject, however, to any express provision in Schedule 15 or 16.