Environmental Protection Act 1990

5 Further provision as to discharge and scope of functions: Scotland. S

(1) For the purposes of section 4(2) above in its application to Scotland, the Secretary of State shall make regulations prescribing—

(a) the method and arrangements for determining whether the functions referred to in that subsection shall be functions of the chief inspector or of a river purification authority;

(b) if the functions are determined under paragraph (a) above to be functions of a river purification authority, the river purification authority by whom they are to be exercised.

(2) The Secretary of State may make regulations prescribing—

(a) the circumstances and manner in which consultation shall be carried out between—

(i) whichever of the chief inspector or river purification authority is determined under regulations made under subsection (1) above to be the enforcing authority, and

(ii) the other (the “consulted authority”),

before granting, varying, transferring or revoking an authorisation or serving an enforcement or prohibition notice;

(b) the circumstances in which the consulted authority may require the enforcing authority to include, in an authorisation, conditions which the consulted authority reasonably believe will achieve the objectives specified in section 7(2) below.

(3) Regulations under this section may contain such incidental, supplemental and consequential provision as the Secretary of State considers appropriate.

(4) This section applies to Scotland only.