Part VIIIMiscellaneous and supplemental

74Power to make provision relating to environmental information

1

In this section “the Aarhus Convention” means the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters signed at Aarhus on 25th June 1998.

2

For the purposes of this section “the information provisions” of the Aarhus Convention are Article 4, together with Articles 3 and 9 so far as relating to that Article.

3

The Secretary of State may by regulations make such provision as he considers appropriate—

a

for the purpose of implementing the information provisions of the Aarhus Convention or any amendment of those provisions made in accordance with Article 14 of the Convention, and

b

for the purpose of dealing with matters arising out of or related to the implementation of those provisions or of any such amendment.

4

Regulations under subsection (3) may in particular—

a

enable charges to be made for making information available in accordance with the regulations,

b

provide that any obligation imposed by the regulations in relation to the disclosure of information is to have effect notwithstanding any enactment or rule of law,

c

make provision for the issue by the Secretary of State of a code of practice,

d

provide for sections 47 and 48 to apply in relation to such a code with such modifications as may be specified,

e

provide for any of the provisions of Parts IV and V to apply, with such modifications as may be specified in the regulations, in relation to compliance with any requirement of the regulations, and

f

contain such transitional or consequential provision (including provision modifying any enactment) as the Secretary of State considers appropriate.

5

This section has effect subject to section 80.