Environmental Protection Act 1990

156 Power to give effect to [F1 retained EU obligations and] international obligations etc. U.K.

(1) The Secretary of State may by regulations provide that the provisions to which this section applies shall have effect with such modifications as may be prescribed for the purpose of enabling Her Majesty’s Government in the United Kingdom—

(a) to give effect to any [F2 retained EU obligation] or exercise any related right; or

(b) to give effect to any obligation or exercise any related right under any international agreement to which the United Kingdom is for the time being a party.

(2) This section applies to the following provisions of this Act—

(a) Part I;

(b) Part II;

(c) Part VI; and

(d) in Part VIII, sections 140, 141 or 142

[F3 ; and the provisions of the [F4 the M1 [F5 Radioactive Substances Act 1993] [F5 Environmental Authorisations (Scotland) Regulations 2018]]].

(3) 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.

(4) This section, in its application to Northern Ireland, has effect subject to the following modifications, that is to say—

(a) in its application in relation to Part VI and sections 140, 141, and 142, the reference to Her Majesty’s Government in the United Kingdom includes a reference to Her Majesty’s Government in Northern Ireland; and

(b) in its application in relation to the Radioactive Substances Act 1960, the reference to the Secretary of State shall be construed as a reference to the Department of the Environment for Northern Ireland and the reference to Her Majesty’s Government in the United Kingdom shall be construed as a reference to Her Majesty’s Government in Northern Ireland;

and regulations under it made by that Department shall be a statutory rule for the purposes of the M2 Statutory Rules (Northern Ireland) Order 1979 and shall be subject to negative resolution within the meaning of section 41(6) of the M3 Interpretation Act (Northern Ireland) 1954.

Textual Amendments

F1 Words in s. 156 heading substituted (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 2(8)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in s. 156(1)(a) substituted (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 2(8)(b); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in s. 156(2) repealed (E.W.) (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), regs. 1(1)(b), 107, 109(1), Sch. 26 para. 5(13), Sch. 28 (with Sch. 4)

F4 Words in s. 156(2) substituted (27.8.1993) by 1993 c. 12, ss. 49(1), 51(2), Sch. 4 para.9 (with ss. 42, 46)

F5 Words in s. 156(2) substituted (S.) (1.9.2018) by The Environmental Authorisations (Scotland) Regulations 2018 (S.S.I. 2018/219), reg. 1, sch. 6 para. 2(4) (with reg. 78, sch. 5 para. 2)

Commencement Information

I1 S. 156 wholly in force at 1.4.1991 see s. 164(3) and S.I. 1991/1042, art. 2

Marginal Citations

M1 1960 c. 34.

M2 S.I. 1979/1573 (N.I. 12).

M3 1954 c. 33 (N.I.).