In subsections (1) and (3) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.

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.

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.

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.

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.

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.

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.

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.

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

• F3...

• “the 1990 Act” means the M3Environmental Protection Act 1990;

• “the 1991 Act” means the M4Water Resources Act 1991;

• F23“appropriate agency” means the Agency or the Natural Resources Body for Wales;

• “the appropriate Minister”—

  1. a

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

  2. b

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

• “the appropriate Ministers”—

  1. a

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

  2. b

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

• F23“the appropriate national authority” means—

  1. a

     in relation to the Agency, the Secretary of State;

  2. b

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

• F25“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—

  1. a

     costs to any person; and

  2. b

     costs to the environment;

• “disposal authority”—

  1. a

     in the application of this Part in relation to the Agency, has the same meaning as it has in Part I of the M5Control of Pollution Act 1974 by virtue of section 30(1) of that Act; and

  2. b

     F36in the application of this Part in relation to SEPA, has the meaning assigned to it by section 30(2) of that Act;

• F1“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 F24an appropriate agency, means any of the following—

  1. a

     registration of a person as a carrier of controlled waste under section 2 of the M6Control of Pollution (Amendment) Act 1989,

  2. aa

     F38a permit granted by the appropriate agency under—

     1. i

        regulations made under section 2 of the Pollution Prevention and Control Act 1999, other than F43the Greenhouse Gas Emissions Trading Scheme Regulations 2005 (S.I. 2005/925) and the Greenhouse Gas Emissions Trading Scheme Regulations 2012 (S.I. 2012/3038),

     2. ii

        regulations made under section 61 of the Water Act 2014.

  3. b

     F37an authorisation under Part I of the 1990 Act, other than any such authorisation granted by a local enforcing authority,

  4. c

     F6...

  5. d

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

  6. e

     F10...

  7. f

     F10...

  8. g

     F10...

  9. h

     F14registration of a person as a broker of or dealer in controlled waste under F44retained EU law which, in England and Wales, implemented Article 26(b) of Directive 2008/98/EC of the European Parliament and of the Council on waste, F41as last amended by F42Directive (EU) 2018/851,

  10. j

      F9registration under Schedule 2 to F39the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) of an establishment or undertaking in relation to a F47WEEE operation (as defined by paragraph 1 of Schedule 2 to those Regulations),F47waste operation (within the meaning of those Regulations),

  11. k

      F16...

  12. l

      F48F26approval of a scheme under regulation 55 of the Waste Electrical and Electronic Regulations 2013 (“the WEEE Regulations”).

  13. m

      F48F27compliance with the condition in regulation 57(f)(i) of the WEEE Regulations in relation to a scheme mentioned in paragraph (l).

  14. n

      F48F28approval of an authorised treatment facility or exporter under regulation 61 of the WEEE Regulations.

  15. o

      F48F29extension of approval of an exporter under regulation 62 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—

  1. a

     F4...

  2. aa

     F2a permit granted by SEPA under regulations under section 2 of the Pollution Prevention and Control Act 1999 F15, other than regulations made for the purpose of implementing the EU ETS Directive,

  3. ab

     F35an authorisation under regulations under section 18 of the Regulatory Reform (Scotland) Act 2014,

  4. b

     registration of a person as a carrier of controlled waste under section 2 of the M7Control of Pollution (Amendment) Act 1989 F11or as a professional collector or transporter of waste under paragraph 12 of Schedule 4 to the Waste Management Licensing (Scotland) Regulations 2011,

  5. c

     F37an authorisation under Part I of the 1990 Act,

  6. d

     a waste management licence under Part II of that Act,

  7. e

     F4...

  8. f

     F40...

  9. g

     F40...

  10. h

      F12registration of a person as a broker of, or dealer in, controlled waste under the Waste Management Licensing (Scotland) Regulations 2011,

  11. j

      F5registration in respect of an activity falling within paragraph 7, 8(2), 9, 10, 12, 19, 42, 45(1) or (2), 46 F13 , 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,

  12. ja

      F7registration 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 F45(including accumulators) as defined in regulation 2 of those Regulations, and where those batteries have been collected in accordance with Article 8 of Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators,

  13. k

      F16...

  14. l

      F49F30approval of a scheme under regulation 55 of the Waste Electrical and Electronic Regulations 2013 (“the WEEE Regulations”).

  15. m

      F49F31compliance with the condition in regulation 57(f)(i) of the WEEE Regulations in relation to a scheme mentioned in paragraph (l).

  16. n

      F49F32approval of an authorised treatment facility or exporter under regulation 61 of the WEEE Regulations.

  17. o

      F49F33extension of approval of an exporter under regulation 62 of the WEEE Regulations.

  so far as having effect in relation to Scotland;

• F46...

• “flood defence functions”, in relation to F24an 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 M8Local 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—

  1. i

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

  2. ii

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

• “waste regulation authority”—

  1. 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

  2. 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.

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.