Version Superseded: 01/10/2006
Point in time view as at 15/05/2006. This version of this provision has been superseded.
Environmental Protection Act 1990, Section 161 is up to date with all changes known to be in force on or before 08 March 2025. 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.
(1)Any power of the Secretary of State [F1, 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.
(2)A statutory instrument containing regulations under this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.
[F2(2A)Subsection (2) does not apply to a statutory instrument made solely by the National Assembly for Wales.]
(3)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.
(4)Subsection (3) above does not apply to [F3a statutory instrument—
(a)which contains an order under section 78M(4) above, or
(b)by reason only that it contains] an order under section 130(4), 131(3) or 138(2) above or section 164(3) below.[F4 or
(c)which is made solely by the National Assembly for Wales.]
(5)Any power conferred by this Act to give a direction shall include power to vary or revoke the direction.
(6)Any direction given under this Act shall be in writing.
Textual Amendments
F1Words in s. 161(1) inserted (E.W.) (7.4.2005) by Clean Neighbourhoods and Environment Act 2005 (c. 16), s. 106, Sch. 4 para. 10(2)
F2S. 161(2A) inserted (E.W.) (7.4.2005) by Clean Neighbourhoods and Environment Act 2005 (c. 16), s. 106, Sch. 4 para. 10(3)
F3Words in s. 161(4) inserted (1.4.2000 for E., 14.7.2000 for S. and 15.9.2001 for W.) by 1995 c. 25, s. 120(1), Sch. 22 para.92 (with ss. 7(6), 115, 117); S.I. 2000/340, art. 2(b) (with art. 3); S.S.I. 2000/180, art. 2(1)(b) (with art. 3); S.I. 2001/3211, art. 2(b) (with saving in art. 3)
F4S. 161(4)(c) and preceding word inserted (E.W.) (7.4.2005) by Clean Neighbourhoods and Environment Act 2005 (c. 16), s. 106, Sch. 4 para. 10(4)
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