Environment Act 1995

114 Power of Secretary of State to delegate his functions of determining, or to refer matters involved in, appeals. E+W+S

(1) The Secretary of State may—

(a) appoint any person to exercise on his behalf, with or without payment, any function to which this paragraph applies; or

(b) refer any item to which this paragraph applies to such person as the Secretary of State may appoint for the purpose, with or without payment.

(2) The functions to which paragraph (a) of subsection (1) above applies are any of the Secretary of State’s functions of determining—

(a) an appeal under—

(i) section 31A(2)(b), 42B(5), 46C or 49B of the M1 Control of Pollution Act 1974,

(ii) section 4 of the M2 Control of Pollution (Amendment) Act 1989,

(iii) section 15, 22(5), 43, 62(3)(c), 66(5), 78L or 78T of the M3 Environmental Protection Act 1990,

(iv) paragraph 2 or paragraph 3(3) of Schedule 6 to the M4 Natural Heritage (Scotland) Act 1991,

(v) section 43, 91, 92, 96, 161C or 191B(5) of the M5 Water Resources Act 1991,

(vi) section 26 of the M6 Radioactive Substances Act 1993 against any decision of, or notice served by, SEPA,

(vii) paragraph 6 of Schedule 5 to the M7 Waste Management Licensing Regulations 1994,

[F1 (viii) regulations under section 2 of the Pollution Prevention and Control Act 1999 extending to England and Wales,]

or any matter involved in such an appeal;

(b) the questions, or any of the questions, which fall to be determined by the Secretary of State under section 39(1) or section 49(4) of the M8 Control of Pollution Act 1974.

(3) The items to which paragraph (b) of subsection (1) above applies are—

(a) any matter involved in an appeal falling within subsection (2)(a) above;

(b) any of the questions which fall to be determined by the Secretary of State under section 39(1) or section 49(4) of the Control of Pollution Act 1974.

(4) Schedule 20 to this Act shall have effect with respect to appointments under subsection (1)(a) above.

Textual Amendments

F1 S. 114(2)(a)(viii) inserted (E.W.) (1.8.2000) by S.I. 2000/1973, reg. 39, Sch. 10 para. 18

Modifications etc. (not altering text)

C1 S. 114 applied (E.W.) (1.8.2000) by S.I. 2000/1973, reg. 27(11), Sch. 8

S. 114 applied (E.W.) (1.8.2000) by S.I. 2000/1973, reg. 31(6)(11)

C2 S. 114(1)(3)(a)(4) applied (with modifications) (E.W.) (4.5.2000) by S.I. 2000/1043, reg. 8

S. 114(1)(3)(a)(4) applied (S.) (8.5.2000) by S.S.I. 2000/95, reg. 8

Marginal Citations

M1 1974 c. 40.

M2 1989 c. 14.

M3 1990 c. 43.

M4 1991 c. 28.

M5 1991 c. 57.

M6 1993 c. 12.

M7 S.I. 1994/1056.

M8 1974 c. 40.