Part I E+W+S The Environment Agency and the Scottish Environment Protection Agency

Chapter III E+W+S Miscellaneous, General and Supplemental Provisions Relating to the New Agencies [F1 and the Natural Resources Body for Wales]

Textual Amendments

F1 Words in Pt. I Ch. III heading inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 370 (with Sch. 7)

Supplemental provisions E+W+S

53 Inquiries and other hearings. E+W+S

(1) Without prejudice to any other provision of this Act or any other enactment by virtue of which an inquiry or other hearing is authorised or required to be held, the appropriate Minister may cause an inquiry or other hearing to be held if it appears to him expedient to do so—

(a) in connection with any of the functions of a new Agency; or

(b) in connection with any of his functions in relation to a new Agency.

[F2 (1A) Without prejudice to any other provision of this Act or any other enactment by virtue of which an inquiry or other hearing is authorised or required to be held, the Welsh Ministers may cause an inquiry or other hearing to be held if it appears to them expedient to do so—

(a) in connection with any of the relevant environmental functions of the Natural Resources Body for Wales; or

(b) in connection with any of their functions in relation to the relevant environmental functions of that Body.]

(2) Subsections (2) to (5) of section 250 of the M1 Local Government Act 1972 (which contain supplementary provisions with respect to local inquiries held in pursuance of that section) shall apply to inquiries or other hearings under this section or any other enactment—

(a) in connection with any of the functions of the Agency [F3 or any of the relevant environmental functions of the Natural Resources Body for Wales], or

(b) in connection with any functions of the Secretary of State or the Minister in relation to the Agency [F4 or any functions of the Welsh Ministers in relation to the relevant environmental functions of the Natural Resources Body for Wales],

as they apply to inquiries under that section, but taking the reference in subsection (4) of that section to a local authority as including a reference to the Agency [F5 or, as the case may be, the Natural Resources Body for Wales].

(3) The provisions of subsections (2) to (8) of section 210 of the M2 Local Government (Scotland) Act 1973 (which relate to the holding of local inquiries) shall apply to inquiries or other hearings held under this section or any other enactment—

(a) in connection with any of the functions of SEPA, or

(b) in connection with any functions of the Secretary of State in relation to SEPA,

as they apply to inquiries held under that section.

[F6 (4) In this section, “relevant environmental functions” means—

(a) pollution control functions (within the meaning of section 5); and

(b) any functions relating to water resources, flood and coastal erosion risk management or fisheries.]

Textual Amendments

F2 S. 53(1A) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 374(2) (with Sch. 7)

F3 Words in s. 53(2)(a) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 374(3)(a) (with Sch. 7)

F4 Words in s. 53(2)(b) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 374(3)(b) (with Sch. 7)

F5 Words in s. 53(2) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 374(3)(c) (with Sch. 7)

F6 S. 53(4) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 374(4) (with Sch. 7)

Modifications etc. (not altering text)

C1 S. 53(1)(a): transfer of functions (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 9(2) (with art. 24)

C2 S. 53(1)(b) functions cease to be exercisable (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 9(1) (with art. 24)

C3 S. 53(2): transfer of functions (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 9(2) (with art. 24)

Marginal Citations

M1 1972 c. 70.

M2 1973 c. 65.

54 Appearance in legal proceedings. E+W+S

In England and Wales, a person who is authorised by the Agency to prosecute on its behalf in proceedings before a magistrates’ court shall be entitled to prosecute in any such proceedings F7 ....

Textual Amendments

F7 Words in s. 54 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 21 para. 117, Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h)(i)(ix)

55 Continuity of exercise of functions: the new Agencies. E+W+S

(1) The abolition of—

(a) the National Rivers Authority,

(b) the London Waste Regulation Authority, or

(c) a river purification board,

shall not affect the validity of anything done by that Authority or board before the transfer date.

(2) Anything which, at the transfer date, is in the process of being done by or in relation to a transferor in the exercise of, or in connection with, any of the transferred functions may be continued by or in relation to the transferee.

(3) Anything done by or in relation to a transferor before the transfer date in the exercise of, or otherwise in connection with, any of the transferred functions, shall, so far as is required for continuing its effect on and after that date, have effect as if done by or in relation to the transferee.

(4) Subsection (3) above applies in particular to—

(a) any decision, determination, declaration, designation, agreement or instrument made by a transferor;

(b) any regulations or byelaws made by a transferor;

(c) any licence, permission, consent, approval, authorisation, exemption, dispensation or relaxation granted by or to a transferor;

(d) any notice, direction or certificate given by or to a transferor;

(e) any application, request, proposal or objection made by or to a transferor;

(f) any condition or requirement imposed by or on a transferor;

(g) any fee or charge paid by or to a transferor;

(h) any appeal allowed by or in favour of or against a transferor;

(j) any proceedings instituted by or against a transferor.

(5) Any reference in the foregoing provisions of this section to anything done by or in relation to a transferor includes a reference to anything which, by virtue of any enactment, is treated as having been done by or in relation to that transferor.

(6) Any reference to a transferor in any document constituting or relating to anything to which the foregoing provisions of this section apply shall, so far as is required for giving effect to those provisions, be construed as a reference to the transferee.

(7) The foregoing provisions of this section—

(a) are without prejudice to any provision made by this Act in relation to any particular functions; and

(b) shall not be construed as continuing in force any contract of employment made by a transferor;

and the Secretary of State may, in relation to any particular functions, by order exclude, modify or supplement any of the foregoing provisions of this section or make such other transitional provisions as he thinks necessary or expedient.

(8) Where, by virtue of any provision of Schedule 15 to this Act, the Minister is the transferor in the case of any functions, he shall have the same powers under subsection (7) above in relation to those functions as the Secretary of State.

(9) The power to make an order under subsection (7) above shall be exercisable by statutory instrument; and any statutory instrument containing such an order shall be subject to annulment pursuant to a resolution of either House of Parliament.

(10) In this section—

• “the transferee”, in the case of any transferred functions, means the new Agency whose functions they become by virtue of any provision made by or under this Act;

• “transferred functions” means any functions which, by virtue of any provision made by or under this Act, become functions of a new Agency; and

• “transferor” means any body or person any or all of whose functions become, by virtue of any provision made by or under this Act, functions of a new Agency.

Commencement Information

I1 S. 55 wholly in force at 1.4.1996; s. 55 not in force at Royal Assent see s. 125(3); s. 55(7)-(10) in force at 1.2.1996 by S.I. 1996/186, art 2; s. 55(1)-(6) in force at 1.4.1996 by S.I. 1996/186, art 3

56 Interpretation of Part I. E+W+S

(1) In this Part of this Act, except where the context otherwise requires—

• F8 ...

• “the 1990 Act” means the M3 Environmental Protection Act 1990;

• “the 1991 Act” means the M4 Water Resources Act 1991;

• [F9 “appropriate agency” means the Agency or the Natural Resources Body for Wales;]

• “the appropriate Minister”—

  (a)

  in the case of the Agency, means the Secretary of State or the Minister; and

  (b)

  in the case of SEPA, means the Secretary of State;

• “the appropriate Ministers”—

  (a)

  in the case of the Agency, means the Secretary of State and the Minister; and

  (b)

  in the case of SEPA, means the Secretary of State;

• [F9 “the appropriate national authority” means—

  (a)

  in relation to the Agency, the Secretary of State;

  (b)

  in relation to the Natural Resources Body for Wales, the Welsh Ministers;]

• [F10 “the catchment areas of the rivers Dee, Wye and Severn” has the meaning given by article 1(3) of the National Assembly for Wales (Transfer of Functions) Order 1999;]

• “conservancy authority” has the meaning given by section 221(1) of the 1991 Act;

• “costs” includes—

  (a)

  costs to any person; and

  (b)

  costs to the environment;

• “disposal authority”—

  (a)

  in the application of this Part in relation to the Agency, has the same meaning as it has in Part I of the M5 Control of Pollution Act 1974 by virtue of section 30(1) of that Act; and

  (b)

  in the application of this Part in relation to SEPA, has the meaning assigned to it by section 30(2) of that Act;

• [F11 “the environment” means all, or any, of the following media, namely, the air, water and land (and the medium of air includes the air within buildings and the air within other natural or man-made structures above or below ground); ]

• “environmental licence”, in the application of this Part in relation to [F12 an appropriate agency], means any of the following—

  (a)

  registration of a person as a carrier of controlled waste under section 2 of the M6 Control of Pollution (Amendment) Act 1989,

  (aa)

  [F13 a permit granted by [F12 an appropriate agency] under regulations under section 2 of the Pollution Prevention and Control Act 1999 [F14 , other than regulations made for the purpose of implementing the EU ETS Directive];]

  (b)

  an authorisation under Part I of the 1990 Act, other than any such authorisation granted by a local enforcing authority,

  (c)

  F15 ...

  (d)

  a licence under Chapter II of Part II of the 1991 Act,

  (e)

  F16 ...

  (f)

  F16 ...

  (g)

  F16 ...

  (h)

  [F17 registration of a person as a broker of or dealer in controlled waste under any provision which gives effect in England and Wales to Article 26(b) of Directive 2008/98/EC of the European Parliament and of the Council on waste,]

  (j)

  [F18 registration under Schedule 2 to the Environmental Permitting (England and Wales) Regulations 2007 of an establishment or undertaking in relation to a WEEE operation (as defined by paragraph 1 of Schedule 2 to those Regulations),]

  (k)

  F19 ...

  (l)

  [F20 approval of a scheme under regulation 41 of the Waste Electrical and Electronic Equipment Regulations 2006 (“the WEEE Regulations”);

  (m)

  compliance with the condition in regulation 43(e)(i) of the WEEE Regulations in relation to a scheme mentioned in paragraph (l);

  (n)

  approval of an authorised treatment facility or exporter under regulation 47 of the WEEE Regulations; and

  compliance with the condition in regulation 43(e)(i) of the WEEE Regulations in relation to a scheme mentioned in paragraph (l);

  (o)

  extension of approval of an exporter under regulation 48 of the WEEE Regulations.]

  so far as having effect in relation to England and Wales;

• “environmental licence”, in the application of this Part in relation to SEPA, means any of the following—

  (a)

  F21 ...

  (aa)

  [F22 a permit granted by SEPA under regulations under section 2 of the Pollution Prevention and Control Act 1999 [F14 , other than regulations made for the purpose of implementing the EU ETS Directive]],

  (b)

  registration of a person as a carrier of controlled waste under section 2 of the M7 Control of Pollution (Amendment) Act 1989 [F23 or as a professional collector or transporter of waste under paragraph 12 of Schedule 4 to the Waste Management Licensing (Scotland) Regulations 2011],

  (c)

  an authorisation under Part I of the 1990 Act,

  (d)

  a waste management licence under Part II of that Act,

  (e)

  F16 F21 ...

  (f)

  F16 ...

  (g)

  F16 ...

  (h)

  [F24 registration of a person as a broker of, or dealer in, controlled waste under the Waste Management Licensing (Scotland) Regulations 2011,]

  (j)

  [F25 registration in respect of an activity falling within paragraph 7, 8(2), 9, 10, 12, 19, 42, 45(1) or (2), 46 [F26 , 47 or 51 of Schedule 1] to those Regulations, except where the waste which is the subject of the activity consists of agricultural waste within the meaning of those Regulations,]

  (ja)

  [F27 registration in respect of an activity falling within paragraph 17, 18, 36 or 39 of Schedule 3 to those Regulations, where the waste which is the subject of the activity consists of or includes waste batteries or accumulators to which Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators applies, and those batteries or accumulators have been collected in accordance with Article 8 of that Directive,]

  (k)

  F19 ...

  (l)

  [F28 approval of a scheme under regulation 41 of the Waste Electrical and Electronic Equipment Regulations 2006 (“the WEEE Regulations”);

  (m)

  compliance with the condition in regulation 43(e)(i) of the WEEE Regulations in relation to a scheme mentioned in paragraph (l);

  (n)

  approval of an authorised treatment facility or exporter under regulation 47 of the WEEE Regulations; and

  (o)

  extension of approval of an exporter under regulation 48 of the WEEE Regulations.]

  so far as having effect in relation to Scotland;

• [F29 “the EU ETS Directive” means Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emissions allowance trading within the Community and amending Council Directive 96/61/EC, as amended from time to time;]

• “flood defence functions”, in relation to [F12 an appropriate agency], has the same meaning as in the 1991 Act;

• “harbour authority” has the meaning given by section 221(1) of the 1991 Act;

• “local authority”, in the application of this Part in relation to SEPA, means a district or islands council in Scotland;

• “the Minister” means the Minister of Agriculture, Fisheries and Food;

• “the Ministers” means the Secretary of State and the Minister;

• “navigation authority” has the meaning given by section 221(1) of the 1991 Act;

• “new Agency” means the Agency or SEPA;

• “river purification authority” means a river purification authority within the meaning of the 1951 Act;

• “river purification board” means a river purification board established by virtue of section 135 of the M8 Local Government (Scotland) Act 1973;

• “the transfer date” means such date as the Secretary of State may by order made by statutory instrument appoint as the transfer date for the purposes of this Part; and different dates may be appointed for the purposes of this Part—

  (i)

  as it applies for or in connection with transfers under or by virtue of Chapter I above, and

  (ii)

  as it applies for or in connection with transfers under or by virtue of Chapter II above;

• “waste regulation authority”—

  (a)

  in the application of this Part in relation to the Agency, means any authority in England or Wales which, by virtue of section 30(1) of the 1990 Act, is a waste regulation authority for the purposes of Part II of that Act; and

  (b)

  in the application of this Part in relation to SEPA, means any council which, by virtue of section 30(1)(g) of the 1990 Act, is a waste regulation authority for the purposes of Part II of that Act.

(2) In relation to any time on or after 1st April 1996—

(a) subsection (1) above shall have effect as if, in the definition of “local authority”, for the words “district or islands council in Scotland” there were substituted the words “ council constituted under section 2 of the M9 Local Government etc. (Scotland) Act 1994 ”; and

(b) in section 22(3)(a)(iv) above the reference to an islands council shall be construed as a reference to a council mentioned in section 3(1) of the Local Government etc. (Scotland) Act 1994.

(3) Where by virtue of any provision of this Part any function of a Minister of the Crown is exercisable concurrently by different Ministers, that function shall also be exercisable jointly by any two or more of those Ministers.

Textual Amendments

F8 Words in s. 56(1) omitted (S.) (1.4.2006) by virtue of The Water Environment (Consequential and Savings Provisions) (Scotland) Order 2006 (S.S.I. 2006/181), sch. Pt. 4 para. 8(3)(a)

F9 Words in s. 56(1) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 375(2) (with Sch. 7)

F10 Words in s. 56(1) inserted (18.7.2013) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 30 (with art. 24)

F11 Definition of “the environment” in s. 56(1) substituted (21.3.2000 (E.W.) and 29.9.2000 (S.)) by 1999 c. 24, s. 6(1), Sch. 2 para. 17; S.I. 2000/800, art. 2; S.S.I. 2000/322, art. 2

F12 Words in s. 56(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 375(3) (with Sch. 7)

F13 S. 56(1): para. (aa) in the definition of “environmental licence” in relation to the Environment Agency inserted (E.W.) (1.8.2000) by S.I. 2000/1973, reg. 39, Sch. 10 para. 15

F14 Words in s. 56(1) inserted (3.12.2012) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging Schemes) Regulations 2012 (S.I. 2012/2788), regs. 1, 7(a)(i)

F15 Words in s. 56(1) repealed (6.4.2008) by The Environmental Permitting (England and Wales) Regulations 2007 (S.I. 2007/3538), reg. 1(1)(b), Sch. 21 para. 23(2)(a), Sch. 23 (with reg. 72, Sch. 4)

F16 Words in s. 56(1) repealed (E.W.) (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 26 para. 13(4), Sch. 28 (with reg. 1(2), Sch. 4)

F17 Words in s. 56(1) substituted (E.W.) (29.3.2011) by The Waste (England and Wales) Regulations 2011 (S.I. 2011/988), reg. 1(2), Sch. 4 para. 4(3) (with regs. 2, 47(2))

F18 Words in s. 56(1) substituted (6.4.2010) by The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2009 (S.I. 2009/3381), regs. 1(1)(b), 13(3) (with regs. 1(2), 16(3))

F19 Words in s. 56(1) omitted (3.12.2012) by virtue of The Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging Schemes) Regulations 2012 (S.I. 2012/2788), regs. 1, 7(a)(ii)

F20 Words in s. 56(1) inserted (2.1.2007) by The Waste Electrical and Electronic Equipment Regulations 2006 (S.I. 2006/3289), regs. 1(2), 4(2)(a) (with regs. 7, 38, 39)

F21 Words in s. 56(1) omitted (S.) (1.4.2006) by virtue of The Water Environment (Consequential and Savings Provisions) (Scotland) Order 2006 (S.S.I. 2006/181), sch. Pt. 4 para. 8(3)(b)

F22 S. 56(1): para. (aa) in the definition of “environmental licence” in relation to SEPA inserted (S.) (28.9.2000) by S.S.I. 2000/323, regs. 1(1), 36, Sch. 10 para. 5(2)

F23 Words in s. 56(1) inserted (S.) (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 3(2)(a)

F24 Words in s. 56(1) substituted (S.) (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 3(2)(b)

F25 Words in s. 56(1) substituted (S.) (1.12.2006) by The Waste Management Licensing Amendment (Scotland) Regulations 2006 (S.S.I. 2006/541), regs. 1(1), 10(2) (with regs. 11, 12)

F26 Words in s. 56(1) substituted (S.) (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 3(2)(c)

F27 Words in s. 56(1) inserted (S.) (6.7.2009) by The Waste Batteries (Scotland) Regulations 2009 (S.S.I. 2009/247), regs. 1(1), 5 (with regs. 8-10)

F28 Words in s. 56(1) inserted (2.1.2007) by The Waste Electrical and Electronic Equipment Regulations 2006 (S.I. 2006/3289), regs. 1(2), 4(2)(b) (with regs. 7, 38, 39)

F29 Words in s. 56(1) inserted (3.12.2012) by virtue of The Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging Schemes) Regulations 2012 (S.I. 2012/2788), regs. 1, 7(b)

Marginal Citations

M3 1990 c. 43.

M4 1991 c. 57.

M5 1974 c. 40.

M6 1989 c. 14.

M7 1989 c. 14.

M8 1973 c. 65.

M9 1994 c. 39.