Search Legislation

Environment Act 1995

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Section 40

 Help about opening options

Version Superseded: 22/04/2011

Status:

Point in time view as at 11/06/2010. This version of this provision has been superseded. Help about Status

Changes to legislation:

Environment Act 1995, Section 40 is up to date with all changes known to be in force on or before 17 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

40 Ministerial directions to the new Agencies.E+W+S

(1)The appropriate Minister may give a new Agency directions of a general or specific character with respect to the carrying out of any of its functions.

(2)The appropriate Minister may give a new Agency such directions of a general or specific character as he considers appropriate for the implementation of—

(a)any obligations of the United Kingdom under the Community Treaties, or

(b)any international agreement to which the United Kingdom is for the time being a party.

(3)Any direction under subsection (2) above shall be published in such manner as the Minister giving it considers appropriate for the purpose of bringing the matters to which it relates to the attention of persons likely to be affected by them; and—

(a)copies of the direction shall be made available to the public; and

(b)notice shall be given—

(i)in the case of a direction given to the Agency, in the London Gazette, or

(ii)in the case of a direction given to SEPA, in the Edinburgh Gazette,

of the giving of the direction and of where a copy of the direction may be obtained.

(4)The provisions of subsection (3) above shall have effect in relation to any direction given to a new Agency under an enactment other than subsection (2) above for the implementation of—

(a)any obligations of the United Kingdom under the Community Treaties, or

(b)any international agreement to which the United Kingdom is for the time being a party,

as those provisions have effect in relation to a direction given under subsection (2) above.

(5)In determining—

(a)any appeal against, or reference or review of, a decision of a new Agency, or

(b)any application transmitted from a new Agency,

the body or person making the determination shall be bound by any direction given under this section or any other enactment by a Minister of the Crown to the new Agency to the same extent as the new Agency.

(6)Any power to give a direction under this section shall be exercisable, except in an emergency, only after consultation with the new Agency concerned.

(7)Any power of the appropriate Minister to give directions to a new Agency otherwise than by virtue of this section shall be without prejudice to any power to give directions conferred by this section.

(8)It is the duty of a new Agency to comply with any direction which is given to that new Agency by a Minister of the Crown under this section or any other enactment.

Back to top

Options/Help

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?