Environment Act 1995

The Alkali, &c., Works Regulation Act 1906

1 (1) The [1906 c. 14.] Alkali, &c, Works Regulation Act 1906 shall be amended in accordance with the following provisions of this paragraph.

(2) In section 1(1) (alkali work to be carried on so as to secure that the condensation of hydrochloric acid gas, to the satisfaction of the chief inspector, falls below certain levels) for the words “the chief inspector” there shall be substituted the words “the appropriate Agency”.

(3) In section 2(1) (no objection to be taken by an inspector to certain discharges) for the words “an inspector” there shall be substituted the words “the appropriate Agency”.

(4) In section 9—

(a) in subsection (5) (condition of issue of certificate on first registration that the work is furnished with such appliances as appear to the chief inspector or, on appeal, the Secretary of State to be necessary for certain purposes) for the words “the chief inspector” there shall be substituted the words “the appropriate Agency”;

(b) the proviso to that subsection (power of Secretary of State to dispense with certain requirements) shall cease to have effect; and

(c) in subsection (7) (notice of certain changes to be sent to the Secretary of State) for the words which are to be construed as a reference to the Secretary of State, there shall be substituted the words “the appropriate Agency”.

(5) In section 22(1) (power of Secretary of State, after inquiring into a complaint, to direct proceedings to be taken by an inspector) for the words “an inspector” there shall be substituted the words “the appropriate Agency”.

(6) In section 23(2) (damages not recoverable under the section from a person with a certificate of compliance from the chief inspector) for the words “the chief inspector” there shall be substituted the words “the appropriate Agency”.

(7) Section 25 (basis on which the chief inspector may determine questions) shall cease to have effect.

(8) In section 27(1) (interpretation of terms)—

(a) after the definition of the expression “alkali works” there shall be inserted—

“The expression “the appropriate Agency” means—

(a) in relation to England and Wales, the Environment Agency; and

(b) in relation to Scotland, the Scottish Environment Protection Agency:”; and

(b) the definitions of the expressions “chief inspector” and “inspector” shall be omitted.

(9) In paragraph (b) of section 28 (application to Scotland)—

(a) the words “other than offences under subsection four of section twelve of this Act”,

(b) in sub-paragraph (ii) (prosecution not to be instituted without consent) the words from “without the consent” to “direct, nor”, and

(c) sub-paragraph (iii) (person taking proceedings presumed to be inspector),

shall cease to have effect.