Environment Act 1995

51 (1) Section 10 of that Act (variation of authorisations by enforcing authority) shall be amended in accordance with the following provisions of this paragraph. E+W+S

(2) In subsection (3) (which provides for the variation specified in a variation notice to take effect on the date so specified unless the notice is withdrawn) after the words “unless the notice is withdrawn” there shall be inserted the words “ or is varied under subsection (3A) below ”.

(3) After that subsection there shall be inserted—

“(3A) An enforcing authority which has served a variation notice may vary that notice by serving on the holder of the authorisation in question a further notice—

(a) specifying the variations which the enforcing authority has decided to make to the variation notice; and

(b) specifying the date or dates on which the variations specified in the variation notice, as varied by the further notice, are to take effect;

and any reference in this Part to a variation notice, or to a variation notice served under subsection (2) above, includes a reference to such a notice as varied by a further notice served under this subsection.”

(4) In subsection (4) of that section, for paragraph (b) (requirement to pay the fee prescribed under section 8 of that Act) there shall be substituted—

“(b) require the holder to pay, within such period as may be specified in the notice,—

(i) in a case where the enforcing authority is the Environment Agency or SEPA, the charge (if any) prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995; or

(ii) in any other case, the fee (if any) prescribed by a scheme under section 8 above.”

(5) In subsection (8) of that section, in the definition of “vary”, after the word “ “vary”” there shall be inserted “ (a) ” and after the words “any of them;” there shall be added the words “and

(b) in relation to a variation notice, means adding to, or varying or rescinding the notice or any of its contents;”.

Commencement Information

I1 Sch. 22 para. 51 partly in force; Sch. 22 para. 51 not in force at Royal Assent see s. 125(3); Sch. 22 para. 51(1)-(3)(5) in force at 12.10.1995 by S.I. 1995/2649, art. 2(j)(iii); Sch. 22 para. 51(4) in force at 1.4.1996 by S.I. 1996/186, art. 3